The government has retracted its review petition filed in the Supreme Court regarding the transfer of former prime minister and PTI founder Imran Khan to a hospital, following objections raised against the plea. An updated petition with additional arguments is expected to be submitted shortly.
On Wednesday, the federal government had sought a review and recall of the court’s interim order issued the previous day. The Supreme Court had directed that Imran Khan be moved to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board. The order also permitted his personal physician and sister to continue participating in his medical care and instructed authorities to maintain regular contact with his family.
The petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the capital’s chief commissioner, described the interim order as “discriminatory” and beyond the court’s jurisdiction. It argued that the court had ignored Rule 197 of the Pakistan Prison Rules, 1978, which regulates prisoner transfers to hospitals, and that considering this rule would have prevented the order from being issued.
The plea further contended that directing treatment at a private hospital based on a report that did not indicate any urgent medical condition would disrupt the criminal justice system. It cited Article 25 of the Constitution, claiming the order was discriminatory since other prisoners in similar situations were not granted such treatment, warning this could lead to numerous similar claims.
Additionally, the petition asserted that the order violated principles of natural justice because no notice had been given to the Islamabad district election commissioner, a respondent in the case, prior to the ruling. It also argued that the right to a fair trial under Article 10-A was breached, as no hearing notice was issued nor leave to appeal granted. The government maintained that the court granted final relief at the interim stage without properly assessing whether Imran Khan’s condition had deteriorated, suggesting that medical expert advice should have been sought.
The petition has yet to be scheduled for hearing. Supreme Court rules require that it be heard by the same three-judge bench, led by Justice Shahid Waheed, which issued the original order.
Separately, Imran Khan’s sister, Dr. Uzma Khan, submitted additional documents to the court. These included media reports on former Prime Minister Nawaz Sharif’s hospital transfers, letters from cricketers, a UN human rights report, and UK parliamentary proceedings expressing concern over Imran Khan’s health. The case is set to resume on September 16.
