Eight members of the Pakistan Bar Council (PBC) have condemned the government's transfer of former prime minister Imran Khan to Shifa International Hospital, calling it a 'blatant, wilful and deliberate violation' of the Supreme Court's Aug 18 order.

In a statement, the members said the Supreme Court's order was 'clear, unequivocal and binding', yet the executive 'chose to disregard it' and 'acted in direct defiance of the court's directions'. The signatories included PTI Secretary General Salman Akram Raja, Abid Shahid Zuberi, Muhammad Maqsood Buttar, Shafqat Mehmood Chauhan, Munir Ahmed Kakar, Abdul Sattar Khan, Salahuddin Ahmed and Qazi Muhammad Arshad.

Condemnation of the executive's actions

The PBC members said the executive 'has no authority to defy the directions and orders of the SC'. They described the violation as 'a serious assault on the independence, authority and dignity of the judiciary', adding that it 'undermines the rule of law and strikes at the very foundation of constitutional governance'. The statement said the government's actions were 'a direct threat to the fundamental rights of the people of Pakistan'.

'Judicial orders are the principal constitutional safeguard against arbitrary state action. When those orders are disregarded, the authority of the Court, the rule of law and the Constitution are all undermined', the statement said. It warned that 'every citizen's rights are placed at risk of arbitrary and illegal actions of the state'.

The statement said the Supreme Court had addressed the consequences of non-compliance in paragraph 14 of its Aug 18 order, and that the government was 'fully aware of the binding nature of the directions and the consequences of their disobedience'. The PBC members further clarified that the filing of a review petition did not suspend the order.

Divergent voices within the bar council

Separately, divergent views emerged within the Punjab Bar Council as it issued separate statements on Saturday regarding the court proceedings involving Imran Khan.

In one press release, a group of Punjab Bar Council members said the Supreme Court's directions and proceedings in the matter concerning Imran Khan should be respected and implemented in accordance with the law. They argued that the supremacy of the Constitution, the law and the judiciary was essential for strengthening democratic institutions and ensuring the rule of law. Any party that believed an order had been violated should approach the court through contempt proceedings rather than undermining the judiciary's authority, they said. They added that the matter was before the Supreme Court and stakeholders, particularly lawyers, should exercise restraint and avoid statements that could prejudice or politicise sub judice proceedings.

However, another group of Punjab Bar Council members, including the chairman, vice chairman and members of its executive committee, issued a separate press release distancing the council from statements recently attributed to some of its members. This group said the statements issued by certain members represented their personal views and should not be regarded as the official position of either the Punjab Bar Council or the Pakistan Bar Council. They also stressed that differences of opinion among members should not be portrayed as an institutional stance.

The second group maintained that matters pending before courts were sub judice and lawyers should refrain from commenting on them in a manner that could affect public perception or judicial proceedings. It said courts decide matters in accordance with the Constitution and law and their decisions should be respected.

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