Govt Files Review Petition Against SC Order to Shift Imran Khan to Private Hospital

ISLAMABAD: The federal government has filed a review petition challenging the Supreme Court’s order directing the transfer of former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan from Adiala Jail to Shifa International Hospital for medical assessment and treatment.

The petition was filed by the Islamabad Chief Commissioner through the Advocate General for the Islamabad Capital Territory (ICT).

The development comes a day after the Supreme Court directed the Adiala Jail authorities to transfer Imran Khan to Shifa International Hospital within two days and make arrangements for his medical examination and treatment.

The government has argued that the Supreme Court’s August 18 interim order went beyond its jurisdiction and should be reviewed.

According to the petition, Imran Khan was sentenced to three years in prison by an Additional Sessions Judge on August 5, 2023. He subsequently challenged the conviction before the Islamabad High Court.

The government’s petition states that Imran Khan had requested permission to be shifted to Shifa International Hospital for treatment, but the Islamabad High Court rejected the request on March 12. An appeal against that decision was subsequently filed before the Supreme Court.

The federal government maintained that prison rules prescribe a specific procedure for transferring an inmate to a hospital. It referred to Rule 197 of the Pakistan Prison Rules, 1978, arguing that certain cases require approval from the government and action through the Inspector General of Prisons.

The petition further stated that prisoners shifted to hospitals are required to remain under police supervision.

The government also argued that Imran Khan has been regularly examined by doctors during his imprisonment and has received treatment from medical boards on several occasions.

According to the petition, the Supreme Court should have sought the opinion of relevant medical experts before ordering the transfer on medical grounds.

The government further contended that the matter came before the Supreme Court for the first time without notices being issued to the relevant parties, and argued that the procedure required under law should have been followed.

Supreme Court’s Earlier Order

In its order issued on Tuesday, the Supreme Court directed 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 the former premier. It directed that Dr Uzma and Imran Khan’s personal physician be present during the medical assessment and treatment.

The court further stated that the expenses of the treatment would be borne by Imran Khan’s family.

Authorities were directed to ensure tight security during the transfer and complete the necessary arrangements within the stipulated period.

The Supreme Court also warned that any violation of its directions could lead to the withdrawal of facilities being provided to the PTI founder.

Following the Supreme Court’s decision, PTI welcomed the order and appealed to party workers and supporters not to gather outside the hospital.

The federal government’s latest review petition will now place the matter back before the Supreme Court, where the government is seeking reconsideration of the order directing Imran Khan’s transfer to the private hospital.