Pakistan Supreme Court orders moving Imran Khan to Hospital

Ex-PM deliberately deprived of proper medical care 

By Tirthankar Mitra

Much apprehension has been expressed about the health of imprisoned former Pakistan Imran Khan. The Pakistan Supreme Court has ordered moving him from prison to a hospital. The order raised a larger question about Pakistan’s institutions upholding basic constitutional obligations. It is all the more so as the prisoner ordered to be moved to a hospital happens to be the country’s most influential political symbols. 

Since 2023, the former prime minister is behind the bars. He contends that he has been convicted in cases designed to remove him from politics.  The loss of liberty has led to his parting from his supporters though he continues to be their rallying point. Meanwhile his supporters have repeatedly alleged that his treatment in prison has been punitive. 

The Pakistan government holds that the former prime minister is being treated according to law. But Pak Supreme Court ‘s latest order is a pointer that it does not seek to leave his medical treatment entirely to the prison authorities. The court order does not establish that Khan has been deliberately deprived of medical treatment. But it does indicate that the safeguard surrounding his health calls for judicial intervention. 

The dispute involves his eyesight. It is ironical as former prime minister was one of the finest cricketers whose keen eyesight led to his much-admired skills with the bat and the ball. His lawyers have alleged severe deterioration of his right eye.  Inadequate access to specialist medication is also among the charges levelled at the government. 

This has been denied by the government. Medical assessment includes reports of improvement. The conflicting claims call for a politically neutral specialist medical assessment. This makes the Supreme Court ‘s intervention the decider in this matter. An individual may lose his political freedom. But he does not lose his right to humane treatment post imprisonment. A prisoner cannot arrange his own medical care. Custody raises the state ‘s responsibility and the principle applies to Khan. 

The Supreme Court order also includes weekly family meetings and telephonic conversation with his sons. This is a reminder that imprisonment is a restriction of liberty and not a license for unnecessary isolation. Restrictions have to be proportionate and transparent. They are also subject to scrutiny. 

Khan’s supporters have been directed not to turn his hospitalisation into a political gathering. This is a reasonable precaution. It is time for the government to respond. The dispute can remain institutional, if it accepts the court order while contesting the practical details.

The issue will become larger if it tries to dilute the court’s intervention. Now it needs to be seen if Pakistan’s judiciary can impose meaningful limits on the executive ‘s powers.  This is a case involving Pakistan’s most prominent political prisoner. The test the powers that be in the neighbouring country have to pass is by showing law operates above politics. (IPA Service)