Islamabad:
Despite the use of unconventional methods, the former Prime Minister Imran Khan has not been able to obtain substantial relief from higher courts.
Until now, Imran Khan has written three letters to the main judges of Pakistan (CJP) – one to the former CJP Qazi Faez Isa and two to the holder, the CJP Yahya Afridi.
CJP Isa refused to entertain Khan’s first letter concerning PTI grievances. During the case of the case of the modifications of the NAB law, Imran had asked Isa to compare the installations provided to him in prison with those which were granted to former Prime Minister Nawaz Sharif.
Isa had assured him that a focal person would be appointed to visit his Adiala prison cell, but no visit of this type has never been reported.
In February, Imran sent a letter to CJP Afridi. By commenting on this, Afridi said that the letter raised questions which were part of article 184, paragraph 3, of the Constitution, and therefore referred it to the Committee of Constitutional Bancs led by Judge Amicin Khan for additional action.
Now, through her sister Aleema Khan, Imran sent another letter to CJP Afridi. The lawyers of the Khosa and Intizaar Panjuta PTI Latif delivered the letter directly to the CJP in his room and met him for more than 30 minutes. We learn that the CJP assured them that it would respond within 24 hours.
However, within the framework of the new constitutional framework, the CJP cannot directly invoke competence under article 184 (3). He cannot transmit such questions to the Constitutional Bancs Committee, which has already decided that disputes of public interest will only make constitutional petitions – and not on the basis of letters.
Earlier, Khyber Pakhtunkhwa, the chief minister, Ali Amin Gandapur, also visited the Supreme Court, asking permission to meet Khan in prison, but his efforts remained unsuccessful. Aleema Khan also asked for a meeting with CJP Afridi on Thursday, but his request was refused.
Imran’s last letter calls on the CJP to “defend the oath of your office and show the people that the Supreme Court of Pakistan remains their final refuge of justice”.
The founder of the PTI details his prison conditions, noting that he has now spent more than 772 days behind bars due to more than 300 cases deposited against him. He deplores to be ostracized, saying that his sons cannot visit him or even speak with him on the phone.
He also raises concerns about the imprisonment of his wife, Bushra Bibi, saying that “the only crime is that she is my wife”. He describes his isolation in prison and aggravating health, alleging that his doctor is forbidden to examine or treat it, despite the legal provisions granting women special deposit concessions.
A government report published earlier this year has challenged these complaints, declaring that Bushra Bibi receives regular health surveillance and access to dedicated cuisine in prison.
Imran also criticizes the treatment of PTI workers arrested after the demonstrations of May 9, highlighting civilian trials before the military courts. He argues that many have been “removed, beaten and subject to military trials in blatant violation of constitutional protections”.
He quotes the 10 -year sentence of his lawyer nephew Hassan Niazi as an example of what he calls the unprecedented victimization of his family.
One of the most sharp parties of his letter is his objection to the 26th constitutional amendment, which, according to him, was used to “sanctify the electoral dacoity”.
The modification, promulgated in October 2024, modified the process of appointment of the CJP, the passing of seniority to the appointment by a parliamentary committee. While the government defends it as a step to balance powers, the PTI marks an attack on judicial independence.
Khan also criticizes the IHC chief judge, Sardar Muhammad Sarfraz Dogar, accusing him of having deliberately delayed the hearings of his Al-Qadir Trust and Toshakhana affairs.
His letter adopts a dark tone as he remembers the Verdict of the Supreme Court of 2024 on the case of Zulfikar Ali Bhutto, who recognized that Bhutto had not received a fair trial: “Justice in its true sense must occur in real time; Pyrrhic justice occurs 44 years later.”
The letter ends with his requests: authorize telephone calls to his sons as required by prison rules, grant him access to Bushra Bibi to his doctor and the restoration of the independence of the judiciary of Pakistan.
