The Pakistan government has challenged the Supreme Court’s order directing authorities to move jailed former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to a private hospital for medical assessment and treatment. The review petition was filed a day after the top court ordered that the 73-year-old politician be shifted from Adiala Jail to Shifa International Hospital within two days.
According to media reports, the petition was filed by the Islamabad Chief Commissioner through the Advocate General for the Islamabad Capital Territory (ICT). The federal government has asked the Supreme Court to reconsider its 18th August interim order, arguing that the court exceeded its jurisdiction while directing Khan’s transfer.
The latest move comes amid growing political and legal tensions surrounding Khan’s health and his continued imprisonment.
Govt says hospital transfer follows specific rules
In its review petition, the federal government argued that shifting a prisoner from jail to a hospital is governed by established rules and procedures. It said such transfers can require approval from the government and action by the Inspector General of Prisons, depending on the circumstances.
The government referred to Rule 197 of the Pakistan Prison Rules, 1978, which lays down the procedure for moving prisoners from a jail to a hospital for treatment. According to the petition, prisoners who are transferred to hospitals are also required to remain under police supervision.
The federal government also cited Article 10-A of Pakistan’s Constitution, which guarantees the right to a fair trial and due process. It argued that these legal and procedural requirements should have been considered before the Supreme Court ordered Khan’s transfer.
Govt questions Supreme Court’s interim order
The government has also raised objections to the way the matter was heard by the Supreme Court. It claimed that the case had reached the top court for the first time and that notices had not been issued to the relevant parties before the interim order was passed.
According to the review plea, this meant the government and other concerned authorities did not get a proper opportunity to present their position before the order was issued.
The federal government has therefore argued that the 18th August direction should be reviewed and reconsidered.
It also pointed out that Khan had already undergone medical examinations while in custody. The government claimed that he had received treatment and undergone assessments by medical boards on several occasions.
Legal battle over Khan’s imprisonment continues
The government’s review petition has added another layer to the ongoing legal battle surrounding Imran Khan. The former prime minister has been in prison since August 2023 and has faced several cases following his removal from office.
The government has referred in its latest petition to Khan’s conviction by an Additional Sessions Judge on 5th August, 2023. Khan later challenged the conviction before the Islamabad High Court, where his request to be shifted to Shifa International Hospital for treatment was rejected on 12th March.
He subsequently approached the Supreme Court, leading to the 18th August order directing his transfer.
