Pakistan Supreme Court appoints ‘friend of court’ to report on Imran Khan jail conditions

Pakistan’s Supreme Court appointed on Tuesday lawyer Salman Safdar as a friend of the court and directed him to submit a report on the living conditions of Pakistan Tehreek-e-Insaf (PTI) founder and former prime minister Imran Khan in jail.

A friend of the court, or amicus curiae, is an independent individual appointed by a court to assist by providing information, observations, or assessments on specific issues. The role is advisory, and the appointee does not represent any party to the case.

The order was issued during a hearing on a petition concerning meetings between Khan and his lawyers. A two-judge bench headed by Chief Justice of Pakistan Yahya Afridi, with Justice Shahid Bilal Hassan, heard the case.

The court recalled that during an earlier hearing it had sought a report on Khan’s prison conditions, noting that no order could be passed without hearing the government on the maintainability of the case.

At the start of Tuesday’s proceedings, the chief justice stopped senior lawyer Latif Khosa from addressing the court. Attorney General Mansoor appeared and told the bench that a written response had already been submitted in chambers in compliance with the earlier order.

Mansoor said that at the time of the Aug. 24, 2023 order, Khan was held at Attock Jail. He added that a detailed report, including medical reports covering Aug. 5 to Aug. 18, 2023, had been submitted on Aug. 28, 2023, and asked the court to record that the report had already been filed.

The chief justice said there was no subsequent order on record showing that the Supreme Court had expressed satisfaction with that report. He then announced the appointment of Barrister Salman Safdar as friend of the court, saying the bench had full confidence in him.

The court directed Safdar to visit the jail and submit a written report on Khan’s living conditions and the facilities available to him. The chief justice said Safdar should be granted respectful access to Khan at Rawalpindi’s Adiala Jail and should not be made to wait outside. He added that the court’s personal staff officer would be available in case of any difficulty.

During the hearing, Safdar asked whether the scope of his report was limited to living conditions, noting health concerns following an eye examination of Khan. The chief justice replied that the report should be confined to living conditions and submitted in chambers.

In its written order, the Supreme Court noted that the attorney general had appeared and that the earlier report under the Aug. 24, 2023 order was submitted when Khan was in Attock Jail. The court said it was appropriate to seek an updated report on his living conditions.

The court directed Safdar to visit Adiala Jail and be given access up to Khan’s jail barrack so he could submit a written report by Wednesday. The hearing was adjourned until the day after tomorrow.

At the end of the proceedings, Khosa again requested permission to meet Khan. The Supreme Court rejected the request and reiterated its direction for Safdar to visit Adiala Jail the same day.

A day earlier, the Supreme Court had rejected a request for an immediate meeting between lawyers and Khan while issuing notices to the government to respond to a related petition.

During that hearing, Chief Justice Afridi said the court could not pass any order on a jail meeting without first hearing the government. “We cannot issue any such order without notice,” he said, adding that the matter would be decided after the government’s response.

Khan, who was elected prime minister in 2018, was removed from office in 2022 through a parliamentary vote of no confidence. His arrest in May 2023 sparked protests across Pakistan, including demonstrations targeting the military, followed by a crackdown on his party.

PTI later emerged as the single largest party in Pakistan’s 2024 general election. The party says rigging denied it additional seats, allowing rival parties to form a coalition government led by Prime Minister Shehbaz Sharif. Shehbaz and his coalition partners deny the allegations.