ISLAMABAD: Pakistan government refiled a review petition challenging the Supreme Court’s August 18 order directing the transfer of incarcerated PTI founder Imran Khan to a private hospital, a move it contends is “discriminatory,” procedurally flawed, and potentially catastrophic for prison discipline across the country.
The refiling comes after the Supreme Court registrar’s office returned the initial review petition on technical grounds, objecting that the required paper books had not been completed alongside the plea. The government has now rectified the deficiencies and renewed its legal offensive against what it describes as “apparent legal errors” in the apex court’s ruling.
No provision for private hospital treatment, petition argues
The review petition, filed by the Islamabad chief commissioner, contends that the Supreme Court’s order to shift the former prime minister to Shifa International Hospital for medical treatment directly contradicts the Pakistan Prison Rules, 1978, which contain no provision whatsoever for admitting convicted prisoners to private healthcare facilities.
According to the petition, incarcerated individuals can only receive medical treatment at a jail dispensary, civil hospital, or district headquarters hospital under the existing regulatory framework.
“Transferring a convicted prisoner to a private hospital could increase security risks and the possibility of external influence,” the petition warns, further arguing that a prisoner’s insistence on being treated by a private doctor of his choice is fundamentally inconsistent with prison regulations.
The government maintains that medical officers available to prisoners are highly experienced professors and internationally recognised specialists in their respective fields, rendering the need for private treatment unnecessary.
Fair trial violation claimed
In a significant constitutional argument, the review petition questions the procedure adopted by the Supreme Court, asserting that the Islamabad chief commissioner was neither made a party to the proceedings nor issued a notice before the order was passed.
The petition contends that deciding the case without hearing the other party violates the right to a fair trial guaranteed under Article 10A of the Constitution, a fundamental right that the government insists was contravened in the rush to grant relief to the PTI founder.
Medical report did not indicate critical condition
The government has also challenged the court’s reliance on the medical board’s report, arguing that the document contained no indication that Imran’s condition was critical and that the court should not have reached a decision directly based on the report without seeking the opinion of technical experts.
The petition further maintains that Section 561-A of the Code of Criminal Procedure (CrPC) does not apply to matters concerning jail administration, and that a court hearing a criminal appeal cannot exercise powers not expressly provided for under the relevant code.
Granting final relief on interim basis ‘premature’
Perhaps the most pointed criticism in the review plea targets what the government describes as the granting of final relief on an interim basis, a procedural anomaly that the petition argues is contrary to established legal principles.
All four reliefs sought in the case were granted at the preliminary stage, which the government describes as “premature” and legally unsustainable.
The petition also challenges the court’s directive allowing Imran to make two international telephone calls a week, arguing this violates Rule 265 of the Pakistan Prison Rules.
Govt to file review petition again as Supreme Court Registrar’s Office raises objections to plea, per sources
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Dangerous precedent warning
In a stark warning, the review petition argues that allowing Imran to be treated at a private hospital could encourage other prisoners to make similar demands, potentially destabilising the entire prison administration system.
It contends that granting special concessions to one prisoner violates the principle of equal rights under Article 25 of the Constitution and sets a precedent that could prove unworkable for the country’s overburdened correctional facilities.
Read Also: Pakistan Ex-PM Imran Khan Shifted to Hospital from Jail
Background: SC order and medical concerns
The Supreme Court’s August 18 order came after a medical board report and a report by the Adiala Jail Superintendent recommended more frequent meetings between Imran and his immediate family to help manage his blood pressure and anxiety.
A three-member bench headed by Justice Shahid Waheed ordered that Imran be shifted to Shifa International Hospital for treatment, directed weekly meetings with his family, and granted access to his personal physician, Dr Faisal Sultan.
The court also ordered the formation of a medical board comprising an eye specialist, a general physician, and a cardiologist along with Dr Sultan, with Imran’s sister, Dr Uzma, to be associated with the board.
The court directed that Imran’s family bear the cost of his treatment and instructed them not to share his medical report with the media – ordering complete confidentiality.
Read Also: Pakistan Government Spokesman Says Imran Khan Medically Fit, Taken Back To Jail
What happens next?
With the review petition now refiled, the Supreme Court will decide whether to admit it for hearing or dismiss it. Legal observers expect the matter to be taken up in the coming days, as both sides prepare for what promises to be a landmark legal confrontation over the limits of judicial power in prison administration.
For now, Imran remains at Adiala Jail, with the government’s legal challenge casting uncertainty over whether the court’s hospital transfer order will ultimately be enforced, or overturned.
