A two-member bench comprising Chief Justice of Pakistan Yahya Afridi and Justice Shahid Bilal Hasan heard the case. During the hearing, Chief Justice Afridi summoned Attorney General Mansoor Usman Awan to the rostrum and reviewed reports submitted to the court.
The report on the facilities available to the PTI founder in jail had recommended an immediate eye examination. The PTI founder requested that he be examined by his personal doctors, Dr Faisal Sultan and Dr Asim Yousuf, the report said.
It also recommended that his medical examination could be conducted by any specialist doctor. The report suggested that books be provided to the PTI founder, citing his solitary confinement and lack of access to television.
PTI leaders Senator Faisal Javed, Khyber-Pakhtunkhwa Chief Minister Sohail Afridi, Salman Akram Raja and Khan’s sister Aleema Khan also attended the court proceedings.
“The reports of the friend of the court (Barrister Salman Safdar) and the jail superintendent are identical,” the chief justice observed, directing the attorney general: “Please read paragraph number 21 of the report.”
According to the report submitted by Barrister Safdar, the PTI founder expressed satisfaction with the protective and security arrangements in jail. It further stated that he was satisfied with the food facilities available to him. However, the report noted that the PTI founder described the medical facilities as unsatisfactory.
The PTI founder is currently in state custody, the chief justice said, adding that all prisoners, including Khan, should receive equal medical facilities.
“We will absolutely not say that the PTI founder should be given preferential facilities compared to other prisoners,” the chief justice said. “Everyone should be treated equally,” CJP Afridi added.
Attorney General Mansoor Usman Awan said that they are ready to provide access to expert eye specialists.
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“The government is in a good mood; the PTI founder should also be given the facility of telephone contact with his children,” the chief justice said.
On Tuesday, the Supreme Court appointed Safdar as a friend of the court to submit a report on Khan’s living conditions at Adiala Jail. Safdar said he met with the PTI founder and also visited his cell as per the court’s orders.
The report itself, Safdar revealed, consists of seven pages and 22 paragraphs, and has been submitted to the Supreme Court. “My first responsibility was to submit the report,” he said, stating that he had fulfilled his duty. He added that he praised Attorney General Mansoor Usman Awan in the report, and has also commended the administration of Adiala Jail.
The chief justice, in today’s order, said they were not recommending the provision of books to the PTI founder for reading because of his eye condition.
“As soon as possible, the PTI founder should be given access to specialists and telephone contact with his children,” the Chief Justice said.
The attorney general assured the court that access to eye specialists and telephone contact with his children would be provided by February 16, in accordance with the court order.
During the hearing, Friend of the Court Salman Safdar had requested that the PTI founder be allowed to consult expert eye doctors in the presence of a family member. The SC rejected this request, “We cannot pass such an order,” the chief justice said.
Salman Safdar also requested that more books be provided to the PTI founder. “If doctors permit, books may be provided,” the chief justice replied.
The SC bench also emphasised the importance of ensuring proper medical care for the PTI founder, while also directing that he be allowed telephone contact with his children.
“Health is the most important issue,” CJP Afridi said. He added that intervention was needed in the matter and that the government’s position on healthcare provision must be clarified.
Attorney General Mansoor Usman Awan said that providing medical facilities was the responsibility of the state. “If the prisoner is not satisfied, the state will take necessary steps,” he told the court.
The chief justice also highlighted the significance of communication with family members. “The issue of telephone calls with children is also important,” he said. “We are placing our trust in the government,” he added, noting that the administration was “in a good mood” to address the concerns.
The Supreme Court directed that a team of doctors be formed for a medical inspection and that the PTI founder be allowed to speak with his children. Both measures are to be implemented before February 16.
The apex court also commended Barrister Safdar for his role as Friend of the Court in proceedings concerning the PTI founder. “He [Salman Safdar] has fulfilled his responsibilities exceptionally well,” CJP Afridi said.
“We appreciate the role of the Friend of the Court,” he added, also praising the government for providing the best possible facilities.
Speaking to the media, Barrister Safdar said he had received over a hundred calls and messages, including from his wife.
“I said this is the court’s trust; I cannot disclose it,” he said. “I did not even tell my wife,” he added.
At the start of the hearing, Latif Khosa appeared on the rostrum.
“You do not understand; the appeal regarding Toshakhana has become ineffective,” the chief justice said.
Khosa responded that if viewed normally, this point is correct. He added, however, that in one petition, defence witnesses were being summoned, while in the other, the request concerned a case transfer. “Under specific circumstances, the court can examine this matter,” Khosa said.
“My advice would be that the relevant forum should hear the case,” CJP Afridi said.
“The main appeals in the high court are still pending, and all interim orders have been consolidated,” Justice Shahid Bilal Hasan noted.
CJP Afridi added that they cannot exercise the powers of the appellate court.
“You, as the head of the judiciary, can consider the matter in light of specific circumstances,” Latif Khosa said.
“We have full respect for the high courts,” the Chief Justice added.