'The law is clear': Legal experts weigh in on delay in shifting Imran to hospital

Imran Khan, the founder of Pakistan’s Tehreek-e-Insaf (PTI) party, found himself in the news once again after the Supreme Court (SC) ordered his incarceration to be transferred to Shifa International Hospital within two days for examination by a multidisciplinary medical board. This development comes as a surprise, considering Khan had been admitted multiple times for an eye ailment, specifically central retinal vein occlusion (CRVO), since late January.

The PTI and the government have been engaged in a blame game over Imran’s healthcare, with the latter accusing the former of not ensuring appropriate treatment.

In response to the SC order, the government approached the court to review and recall its directive, arguing that the order was discriminatory and violated prison rules and principles of natural justice. However, the SC upheld its decision on Thursday, citing incomplete paper books as the reason for the delay. The government may file a fresh plea, but the SC’s deadline still remains in effect.

Legal experts have weighed in on the government's legal obligations following the SC's order. Advocate Asad Rahim Khan stated that a review petition does not disturb the original order and is not a routine next step following SC orders and judgments. He emphasized that review jurisdiction is an "extraordinary indulgence" in which cases are reopened only in exceptional circumstances.

Rahman also pointed out that the government has ignored previous SC orders, such as the 90-day election verdict and the reserved seats judgement, and may face contempt if it fails to transfer Imran to Shifa International Hospital within the stipulated two-day deadline.

Lawyer Rida Hosain emphasized that if the government fails to comply with the SC order, it would be considered contempt of court. She noted that the government's pattern of disobedience of judicial orders is concerning and that the judiciary has failed to act when its orders were disobeyed in the past. Hosain also mentioned that governments have ignored contempt actions in the past, such as when elections in Punjab and KP were not held despite clear constitutional and judicial directives.

The legal fraternity agreed that the law is clear and that unless a court order has been suspended or stayed, it is mandatory for it to be adhered to and implemented. Lawyer Basil Nabi Malik stated that in this case, the review petition had been "reportedly returned without the grant of any interim relief," meaning that the government is bound to comply with the court's orders. Failure to do so could result in contempt proceedings against delinquent officers.

In conclusion, the legal experts' opinions are unanimous that the government must comply with the SC's order to transfer Imran Khan to Shifa International Hospital within the two-day deadline. Disobedience of judicial orders can lead to contempt proceedings and a loss of faith in the rule of law.