Dr Uzma Khan, the sister of incarcerated former premier Imran Khan, submitted a second application to the Supreme Court (SC) on Thursday seeking the early hearing of a contempt petition against government functionaries accused of flouting the court’s directive to move the PTI founder to Islamabad’s Shifa International Hospital.
asserted
Khan → incarcerate → Hospital
On August 18, a three-member SC bench issued several directives on pleas concerning Imran’s health and instructed authorities to move him to Shifa International Hospital, a private facility.
asserted
bench → issue → Hospital
However, the government instead took the PTI founder to Pakistan Institute of Medical Sciences (Pims), a government hospital, for a check-up and then transported him back to the prison.
asserted
government → take → prison
Last week, Uzma had filed a petition before the SC against the authorities for violating the court’s Aug 18 order.
asserted
Uzma → file → order
On Tuesday, the PTI resubmitted the petition to the SC’s registrar, while Uzma also filed an application for the early hearing of the contempt petition.
asserted
Uzma → resubmitte → petition
On Aug 24, the SC had fixed the contempt plea for Sept 16, when a three-judge bench — comprising Justice Shahid Waheed, Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim — will resume hearing the case.
asserted
bench → fix → case
The same bench had directed to move Imran to Shifa International Hospital.
asserted
bench → direct → Hospital
The fresh application, filed through Advocate Uzair Karamat Bhandari on Thursday, sought the initiation of contempt proceedings against government functionaries within the present or early next week.
asserted
application → file → week
It stated that the contempt plea was meant to ensure the immediate implementation of the Aug 18 order.
asserted
plea → state → order
The early hearing would “serve the interest of justice, protection of life and health and due enforcement” of the SC orders, the application said.
asserted
application → serve → orders
It added that the subject matter of the petition concerned the life, health, dignity and physical well-being of “a national hero and a former prime minister”, whose health was deteriorating and whose life was stated to be in jeopardy.
asserted
life → add → jeopardy
It was unclear whether the decision to hear the matter on Sept 16 constituted directions by the competent authority/ the chief justice, or simply the “noting of the registrar which has been placed before the competent authority for consideration”.
uncertain
which → hear → consideration
The application pleaded that if the former was true, the decision to fix the case on Sept 16 be reconsidered and the matter be fixed for hearing expeditiously, either this week or as early as possible next week.
asserted
matter → plead → Sept
“The present case is unique on its facts and in the manner in which the Aug 18 order of this court has been brazenly flouted,” the application stated, adding that it had brought the governance and judicial systems of the country into international focus.
asserted
it → flout → focus
“Any further delay in hearing of the contempt petition may cause serious and irreparable harm,” it argued.
uncertain
it → cause → harm
The application stated that the reasons set out for not fixing the contempt plea early could not justify such a long delay in the hearing of the case.
uncertain
reasons → state → case
Earlier, the SC office had said that an early hearing of the contempt petition was not possible in view of the fact that there were 94 separate original criminal petitions of the same category pending before the court.
asserted
hearing → say → court
The office had said that the fixation policy required that cases be fixed for hearing on their turn in the relevant category, and it was unlikely that the turn of the contempt case would come up.
asserted
turn → say → case
Since the main case relating to Imran’s health was pending on Sept 16, the contempt plea may also be taken on the same date, the office had decided.
uncertain
office → relate → date
However, Uzma’s fresh application argued that there was nothing in the SC’s fixation policy preventing the immediate fixation of the contempt petition, and that in fact the policy “clearly prioritises” matters related to liberty — “especially where they arise due to non-compliance of court orders”.
asserted
they → argue → orders
Highlighting that the policy allowed the chief justice to pass orders for early fixation of the hearing, it said the applicant had “a strong prima facie case and the balance of convenience lies entirely in favour of early fixation”.
asserted
balance → highlight → fixation
The application contended that no prejudice would be caused to the respondents if the matter was heard at the earliest, whereas delay could cause “irreparable loss and injury”.
In her petition, Uzma — who was present for the check-up — had named Islamabad Chief Commissioner (retired) Lieutenant Sohail Ashraf, Interior Secretary Ahmed Raza Sarwar, Punjab Inspector General Prisons Mian Salik Jalal, Adiala Jail Superintendent Sajid Baig, Prime Minister Shehbaz Sharif, Law Minister Azam Nazeer Tarar and Information Minister Attaullah Tarar as respondents.
uncertain
who → contend → respondents
She had alleged that the respondents had committed wilful, deliberate and contumacious disobedience and violation of the order.
asserted
respondents → allege → order
She had also requested the apex court to depute an officer or appoint a local commission to ensure that Imran was immediately taken to the private hospital in accordance with its earlier directions.
asserted
Imran → request → directions
The Aporia
