ISLAMABAD (PNP): The federal government has filed a review petition in the Supreme Court against its order directing the authorities to transfer Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan from Adiala Jail to Shifa International Hospital for medical assessment and treatment.
The petition was filed on Wednesday by the Islamabad chief commissioner through the advocate general for the Islamabad Capital Territory (ICT), a day after the Supreme Court issued its interim order regarding the former prime minister’s medical treatment.
The government has argued that the Imran Khan hospital transfer order went beyond the court’s jurisdiction and should be reconsidered in light of applicable prison laws and procedures.
Government challenges Imran Khan hospital transfer order
The review petition contests the Supreme Court’s August 18 interim directive requiring authorities to move Imran Khan to a private hospital within two days.
The federal government maintained that the order did not sufficiently take into account statutory provisions governing the transfer of prisoners to medical facilities.
According to the petition, the relevant legal provisions require government approval and action through the Inspector General of Prisons in certain circumstances before a prisoner can be shifted from jail to a hospital.
The government also referred to Rule 197 of the Pakistan Prison Rules, 1978, which provides a framework for transferring prisoners from correctional facilities to hospitals for treatment.
It argued that prisoners moved to hospitals remain subject to security arrangements and police supervision.
The petition further contended that the applicable legal provisions appeared not to have been considered when the Supreme Court passed its interim order.
The government therefore asked the top court to review the decision, arguing that an error was apparent on the face of the record.
Plea raises due process and jurisdiction concerns
The federal government has also raised constitutional concerns in its review petition, particularly regarding Article 10A of the Constitution.
Article 10A guarantees the right to a fair trial and due process of law. The government argued that due process includes giving the relevant parties proper notice and an opportunity to be heard.
According to the petition, the criminal appeal involving Imran Khan came before the Supreme Court for the first time when the August 18 order was issued.
The government claimed that notices had not been issued to the relevant parties and that leave to appeal had not yet been granted.
It further stated that the maintainability of the petition itself had been questioned by the law officer present in court.
On these grounds, the government has asked the Supreme Court to reconsider its interim decision.
The legal challenge is significant because it places the medical treatment of a high-profile prisoner within the broader framework of constitutional due process, prison administration and judicial jurisdiction.
Imran Khan’s legal and medical background
Imran Khan, 73, has been incarcerated since August 2023 after being convicted in a case that resulted in a three-year prison sentence handed down by an Additional Sessions Judge on August 5, 2023.
He subsequently challenged the conviction before the Islamabad High Court.
The former premier has remained involved in multiple legal proceedings since his removal from office in April 2022 following a vote of no confidence.
Imran Khan and his political party have repeatedly described the cases against him as politically motivated, while state authorities have maintained that the legal proceedings are being conducted according to law.
The latest dispute focuses specifically on his request for medical treatment at Shifa International Hospital.
According to the government’s review petition, Imran Khan has previously undergone regular medical examinations and has received treatment following assessments by medical boards on several occasions.
The government argued that the Supreme Court should have sought the opinion of medical experts before ordering his transfer on medical grounds.
What did the Supreme Court order?
In its August 18 order, the Supreme Court directed Adiala Jail authorities to transfer Imran Khan to Shifa International Hospital for medical assessment and treatment.
The court also ordered the formation of a medical board to examine and treat him.
The order provided for the participation of Dr Uzma and Imran Khan’s personal physician during his medical assessment and treatment. The expenses related to the former prime minister’s treatment were to be borne by his family.
Authorities were also directed to ensure tight security during the transfer and to complete the necessary arrangements within the stipulated period.
The Supreme Court warned that non-compliance with its directions could lead to the withdrawal of facilities currently being provided to the PTI founder.
The order followed an appeal concerning Imran Khan’s request for treatment at the private hospital.
According to the federal government’s review petition, the former prime minister had sought permission to move to Shifa International Hospital, but the Islamabad High Court rejected the request on March 12. An appeal was subsequently filed before the Supreme Court.
PTI welcomes ruling as government seeks review
The Supreme Court’s decision was welcomed by the Pakistan Tehreek-e-Insaf, which called for the medical treatment of its founder in accordance with the court’s directions.
Following the ruling, the party also urged its supporters not to gather outside the medical facility.
The government’s review petition now places the matter before the Supreme Court for further consideration.
The central issue is whether the court’s interim order should remain in force while the government’s objections regarding prison regulations, jurisdiction and due process are considered.
The outcome could also have implications for how medical treatment is arranged for prisoners in high-profile cases, particularly where security, prison administration and judicial orders intersect.
Why the case matters
The dispute extends beyond Imran Khan’s individual medical arrangements because it involves the relationship between judicial authority and the statutory procedures governing prisoners.
The government’s position is that hospital transfers must follow the relevant prison rules and administrative process. The Supreme Court’s interim order, meanwhile, was issued in response to concerns surrounding the former premier’s medical assessment and treatment.
The review proceedings will determine whether the August 18 order is maintained, modified or reconsidered.
For Pakistan’s political landscape, the case is another significant legal development involving the country’s former prime minister and the PTI. It also comes amid continued legal proceedings involving Imran Khan and ongoing political tensions surrounding his incarceration.
For now, the federal government has formally challenged the hospital transfer directive, while the final decision rests with the Supreme Court.
Conclusion
The federal government’s review petition has challenged the Supreme Court’s order directing the Imran Khan hospital transfer to Shifa International Hospital, citing prison regulations, constitutional due process and questions concerning the court’s jurisdiction.
The Supreme Court had ordered medical assessment and treatment at the private hospital, along with the establishment of a medical board and security arrangements. The review petition seeks reconsideration of that decision and argues that the relevant statutory procedures and legal requirements should be taken into account.
The next stage of proceedings will determine the legal status of the hospital transfer order and the arrangements for Imran Khan’s medical treatment.
Naeem Akhtar plays a key role in shaping editorial content and maintaining the highest standards of accuracy and clarity. His dedication ensures that PNP’s coverage remains timely, reliable, and impactful for its readers worldwide.
