ISLAMABAD: The Supreme Court (SC) on Thursday returned a review petition filed by the federal government against its August 18 order directing the transfer of incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital.
The SC registrar’s office returned the petition over incomplete paper books, according to sources.
An informed source told AST ‘s correspondent in Islamabad that the government may file the review petition afresh after making certain amendments, along with an appeal against the registrar’s objections.
Reacting to the development, PTI Secretary General Salman Akram Raja said the government had “withdrawn its review petition” following the registrar’s objections.
“There is no excuse whatsoever for not complying with the SC order of August 18. Imran Khan sahib must be transferred to Shifa International Hospital forthwith. Today is the day,” he said.
On Tuesday, the SC had ordered the government to shift Imran to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board.
A three-member bench headed by Justice Shahid Waheed and comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim issued the interim directions while hearing petitions seeking Imran’s hospitalisation, access to his personal physicians and family members, and the provision of his medical records to his family.
The court also allowed his personal physician and sister to remain involved in his medical care and directed authorities to facilitate regular contact between Imran and his family.
The government, however, approached the SC on Wednesday seeking a review and recall of the order, arguing that the directive was discriminatory and had been issued in violation of prison rules and principles of natural justice.
The review petition, moved through Islamabad Chief Commissioner and under Article 188 of the Constitution, argued that Rule 197 of the Pakistan Prison Rules, 1978 — which governs the manner and procedure for transferring prisoners to hospitals — had not been considered when the court ordered Imran’s transfer from Adiala jail to the private hospital in Islamabad.
Had the Supreme Court taken the provision into account, the petition argued, the order under review would not have been passed.
The petition was filed through Islamabad Capital Territory Advocate General Naveed Hayat Malik on behalf of the chief commissioner.
The government further argued that ordering treatment for a convicted prisoner at a private hospital, particularly on the basis of a medical report that did not indicate a condition requiring immediate treatment, could have wider implications for the criminal justice system.
It also invoked Article 25 of the Constitution, which guarantees equality before the law, arguing that granting Imran access to a private hospital of his choice could result in similarly placed prisoners seeking the same treatment.
The petition therefore described the August 18 order as discriminatory, noting that other prisoners had not been afforded similar access to private hospitals of their choice.
Government ministers also questioned the private-hospital aspect of the SC’s order on Wednesday, asking whether such treatment should be made available to all prisoners.
Addressing a press conference in Islamabad, Information Minister Attaullah Tarar said the PML-N had never politicised health issues, while accusing PTI leaders of previously making political statements about the health of PML-N leaders.
Tarar said Imran had previously been provided with medical facilities and would continue to receive treatment in accordance with prison rules and applicable laws.
“There is no ambiguity regarding his treatment,” the minister said, adding that healthcare facilities were being provided under the jail manual and all relevant rules. He stressed that health issues should remain separate from politics.
Minister of State for Interior Tallal Chaudhry, who was also present at the briefing, alleged that after exhausting other tactics, Imran was now relying on a “sympathy card”. He questioned why those who had made health a political issue did not instead focus on performance.
The PTI criticised the ministers’ remarks, describing the press conference as “irresponsible, insensitive and shameful”.
In a statement issued by its central media department, the party said turning Imran’s health and treatment into a subject of political debate and point-scoring demonstrated the government’s “insensitivity and lack of seriousness”.
The PTI maintained that Supreme Court orders were not subject to the government’s wishes and urged the authorities to comply with the August 18 directive instead of attempting to make the decision controversial through political statements and press conferences.
About the Author
