The federal government submitted a review petition to the Supreme Court on Wednesday, contesting its directive to transfer Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital. The petition was lodged by the Islamabad chief commissioner through the advocate general for the Islamabad Capital Territory (ICT).
This move follows the Supreme Court’s order issued on Tuesday, which instructed Adiala jail authorities to move the 73-year-old former prime minister to Shifa hospital within two days for medical evaluation and treatment. Imran Khan has been incarcerated since August 2023 after convictions he and his party claim are politically motivated. Since his removal from office in April 2022 through a no-confidence vote, he has faced numerous legal challenges.
Earlier, Law Minister Azam Nazeer Tarar announced the federal government’s intention to challenge the Supreme Court’s decision mandating the transfer of the jailed ex-premier to a private hospital. The review petition argues that the August 18 interim order exceeded the court’s jurisdiction and warrants reconsideration. It contends that a relevant statutory provision was overlooked, resulting in an apparent error that justifies a review of the order.
The petition details that Imran Khan was sentenced to three years imprisonment by an Additional Sessions Judge on August 5, 2023, and subsequently filed an appeal with the Islamabad High Court (IHC). His request for transfer to Shifa International Hospital was rejected by the IHC on March 12, prompting an appeal before the Supreme Court.
the petition, certain procedures must be followed for transferring prisoners, including obtaining government approval and coordinating through the Inspector General of Prisons. Additionally, prisoners shifted to hospitals must remain under police supervision. The petition cites Rule 197 of the Pakistan Prison Rules, 1978, which outlines the protocol for moving prisoners from jail to hospital facilities.
The government further invokes Article 10A of the Constitution, which guarantees the right to a fair trial and due legal process. It argues that since the case appeared before the Supreme Court for the first time without issuing notices to relevant parties, the order was premature. The petition emphasizes that due process requires fair notice and hearing for all involved, which was not observed in this instance. It also notes that the maintainability of the petition was questioned in court.
The petition highlights that Imran Khan has undergone regular medical examinations and received treatment from medical boards on multiple occasions. It asserts that the court should have sought expert medical opinions before ordering his transfer on health grounds.
In its order, the Supreme Court directed the formation of a medical board to assess and treat Imran Khan. It also mandated the presence of Dr. Uzma and the former premier’s personal physician during the medical evaluation, with expenses to be borne by his family. The court instructed authorities to ensure his transfer under stringent security measures and to complete all arrangements promptly. It warned that any breach of its directives could lead to withdrawal of the facilities provided to him.
Following the ruling, the Pakistan Tehreek-e-Insaf (PTI) welcomed the Supreme Court’s decision and called on party supporters to refrain from gathering outside the hospital.
