By Our Correspondent
ISLAMABAD – The federal government has approached the Supreme Court seeking review and recall of its order directing the transfer of incarcerated former prime minister Imran Khan to Islamabad’s Shifa International Hospital for medical examination and treatment.
Read also: Supreme Court orders medical checkup of Imran Khan at Shifa International Hospital
The review petition was filed on Wednesday by Islamabad Advocate General Naveed Hayat Malik on behalf of the Chief Commissioner Islamabad, a day after the Supreme Court issued its interim order regarding Imran Khan’s hospitalisation.
The government described the August 18 order as “discriminatory”, arguing that it was passed in excess of jurisdiction and contained apparent errors of law on the face of the record.
Government cites Pakistan Prison Rules
The petition argued that Rule 197 of the Pakistan Prison Rules, 1978, which regulates the transfer of prisoners to hospitals, was not taken into consideration by the court.
According to the government, the rule requires government approval through the Inspector General of Police for transferring a convicted or under-trial prisoner to a hospital for treatment.
It added that in emergency situations, a jail superintendent could act as if government sanction had been granted but was required to immediately inform the police IG.
The petition further stated that where a prisoner is shifted to a hospital for an operation, the transfer should take place as close as possible to the scheduled time of the operation and the prisoner should return to the prison hospital as soon as practicable.
Private hospital treatment challenged
The federal government contended that directing the treatment of a convicted prisoner at a private hospital, particularly when the available medical report did not indicate a condition requiring immediate treatment, could have wider implications for the criminal justice system.
It argued that other prisoners in similar circumstances could seek the same treatment, potentially creating a precedent for private hospitalisation outside the established prison rules.
Citing Article 25 of the Constitution, the petition said all citizens were entitled to equal treatment and argued that the SC order could result in preferential treatment for Imran Khan.
“If the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief,” the government maintained.
Government raises due process objection
The review petition also challenged the procedure followed by the Supreme Court, arguing that the Islamabad district election commissioner had been nominated as a respondent in the original petition but was not issued notice before the August 18 order.
The government claimed this amounted to a violation of the principles of natural justice.
It also invoked Article 10-A of the Constitution, which guarantees the right to a fair trial and due process, arguing that the concerned parties were not provided proper notice of hearing.
Govt disputes claim of deteriorating health
The government further questioned the maintainability of Imran Khan’s hospitalisation petition and argued that the Supreme Court had relied on a medical report submitted in a connected matter to form a prima facie view regarding his health.
According to the review plea, the report did not indicate that Imran Khan’s condition had deteriorated to a level requiring immediate treatment at a private hospital.
The government also maintained that the former premier had been regularly medically examined and treated by medical boards.
It argued that the Supreme Court had previously held that courts should exercise caution in matters requiring specialised technical and professional expertise, as medical assessment falls within the domain of qualified health professionals.
The federal government therefore requested the Supreme Court to review and recall its August 18 interim order directing Imran Khan’s transfer to Shifa International Hospital.
