The Supreme Court on Thursday returned the federal government’s review petition against its order to transfer incarcerated former prime minister Imran Khan to Shifa International Hospital.
The review petition challenged the court’s direction for Khan’s medical examination and treatment at the Islamabad hospital.
According to sources, the Supreme Court Registrar’s Office raised objections to the petition filed by the Islamabad chief commissioner.
The government plans to address the objections and file the review petition again, sources said. However, PTI Secretary General Salman Akram Raja presented a different account of the development in a post on X.
Raja claimed that the “federal government has withdrawn” its review petition against the Supreme Court’s transfer order.
“There is no excuse whatsoever for not complying with the SC order of 18th August. Imran Khan must be transferred to Shifa International Hospital forthwith,” he added.
Govt Challenges SC Order on Imran Khan’s Hospital Transfer
The development came a day after the federal government moved the Supreme Court against its decision to transfer Khan to a private hospital.
The Islamabad chief commissioner filed the petition through the advocate general for the Islamabad Capital Territory.
In its review plea, the federal government argued that the Supreme Court’s August 18 interim order exceeded its jurisdiction.
The government also asked the court to reconsider the direction requiring Khan’s transfer to Shifa International Hospital.
The petition referred to legal provisions governing the treatment and transfer of prisoners to hospitals.
“It seems the above statutory provision escaped notice of the Honourable Court, thereby resulting in an error which is floating on the surface of the record. Had the Court taken note of the above-noted provision of law, the order under review could not have been passed. The same, therefore, merits to be reviewed,” the petition contended.
Govt Cites Prison Rules in Review Plea
The petition stated that Khan was sentenced to three years in prison by an Additional Sessions Judge on August 5, 2023.
He later challenged the sentence before the Islamabad High Court.
According to the government’s plea, Khan requested a transfer to Shifa International Hospital for treatment.
However, the Islamabad High Court rejected that request on March 12, following which an appeal was filed before the Supreme Court.
The government maintained that prisoners transferred to hospitals must remain under police supervision.
It also referred to Rule 197 of the Pakistan Prison Rules, 1978, which outlines the procedure for transferring prisoners from jails to hospitals.
The petition further argued that the matter had reached the Supreme Court for the first time.
It said notices had not been issued to the relevant parties before the court passed its interim order.
Govt Raises Fair Trial and Due Process Concerns
The federal government also raised constitutional concerns over the proceedings.
The petition referred to Article 10A of the Constitution, which guarantees the right to a fair trial and due process.
“[…] Article 10A of the Constitution of the Islamic Republic of Pakistan guarantees the right to a fair trial and due process. Due process encompasses fair notice of hearing to both the parties. In the instant case, the Criminal Appeal was fixed for the first time and as such no notice of hearing has been issued by the bench nor leave to appeal has been granted by the Court. The petition itself raised serious questions as to its maintainability, which issue was raised by the law officer present in court,” it added.
The government also said Khan had undergone regular medical examinations during his imprisonment.
According to the petition, medical boards had treated and examined him on several occasions.
The government argued that the Supreme Court should have obtained medical experts’ opinions before ordering his transfer on health grounds.
Supreme Court Orders Khan’s Transfer to Shifa Hospital
The Supreme Court had ordered Adiala jail authorities to transfer Khan to Shifa International Hospital for medical assessment and treatment.
The order required the transfer within two days, with the deadline expiring on Thursday.
The court also directed authorities to constitute a medical board for Khan’s assessment and treatment.
The order allowed Dr Uzma and Khan’s personal physician to remain present during his medical assessment and treatment.
His family was directed to bear the related medical expenses.
Authorities were also instructed to ensure tight security during the former premier’s transfer.
The court directed officials to complete the necessary arrangements for his treatment at the hospital.
It further warned that violations of its directions could lead to the withdrawal of facilities being provided to Khan.
PTI Welcomes Supreme Court’s Order
Following the Supreme Court’s decision, the PTI welcomed the hospital transfer order. The party also urged its workers to avoid gathering outside the medical facility.
Meanwhile, the latest development has created a new legal step in the dispute over Khan’s proposed hospital transfer.
The government says it intends to address the Registrar’s Office objections before filing its review plea again.
At the same time, PTI’s secretary general has claimed that the government withdrew the petition.
The two positions have therefore created differing accounts of the status of the government’s challenge to the Supreme Court order.
