Federal Government Seeks Review of Supreme Court Order to Shift Imran Khan to Hospital

Islamabad: The federal government has filed a review petition before the Supreme Court challenging its order directing the transfer of PTI founder Imran Khan to Shifa International Hospital for medical treatment.

The petition, filed through the Advocate General Islamabad on behalf of the Chief Commissioner Islamabad, challenges the Supreme Court’s interim order issued on August 18 directing that Imran Khan be shifted to Shifa International Hospital.

The government has argued that the Supreme Court’s order goes beyond its jurisdiction and has requested the court to review and set aside the directive.

According to the petition, Imran Khan was sentenced to three years in prison by an Additional Sessions Judge on August 5, 2023. An appeal against the sentence was subsequently filed before the Islamabad High Court.

The petition states that Imran Khan’s request to be shifted to Shifa International Hospital for treatment was rejected by the Islamabad High Court on March 12, after which an appeal was filed before the Supreme Court.

The federal government maintained that the transfer of a prisoner to a hospital in certain circumstances requires approval from the government and must be processed through the Inspector General of Prisons. It also said that a prisoner transferred to a hospital is required to remain under police supervision.

Citing Rule 197 of the Pakistan Prison Rules, 1978, the government said the rules prescribe a procedure for transferring prisoners from jail to a hospital.

The petition further argued that Article 10-A of the Constitution guarantees the right to a fair trial and due process. It said Imran Khan had been receiving regular medical examinations and had been treated by medical boards on several occasions.

The government maintained that the court should have sought the opinion of medical experts before deciding the matter concerning Imran Khan’s health. It also argued that notices were not issued to the relevant parties at the first hearing of the case.

The Supreme Court had on August 18 ordered that Imran Khan’s complete medical record be produced before the court and directed that he be shifted to Shifa International Hospital under strict security. The court had also directed the formation of a medical board to examine him.