Imran Khan’s Hospital Transfer: Government’s Review Petition Returned with Objections

ISLAMABAD: A significant development has emerged regarding the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan from Adiala Jail to Shifa International Hospital under the Supreme Court’s order, as the review petition filed by the federal government against the court’s decision has been returned by the Registrar’s Office with objections.

According to sources, the Supreme Court Registrar’s Office raised objections over the review petition as the required documents and paper books were incomplete. The petition was subsequently returned at the preliminary stage.

The return of the petition with objections should not be construed as its rejection by the Supreme Court on merits. The review petition has not yet been heard by a three-member bench.

Background

On August 18, the Supreme Court issued an important order on a petition concerning Imran Khan’s health, directing that he be shifted from Adiala Jail to Shifa International Hospital in Islamabad. The court also directed that a medical board be constituted for his medical examination and treatment and that his personal physician be included in the medical process.

Under the Supreme Court’s order, Imran Khan was to be shifted to Shifa International Hospital within 48 hours. The court also issued directions regarding meetings with his family members and telephone contact with his sons.

The federal government filed a review petition against the Supreme Court’s order on August 19. The petition was filed by the Chief Commissioner Islamabad through the Advocate General Islamabad.

In the petition, the government contended that the August 18 order required review on legal and constitutional grounds. It maintained that the order had been issued beyond the court’s jurisdiction and that relief of a final nature had been granted at an interim stage without proper notice to the relevant parties, particularly the Chief Commissioner Islamabad.

The review petition also referred to Rule 197 of the Pakistan Prison Rules, 1978, which provides a legal procedure for transferring a prisoner to a hospital outside the jail. The government argued that this legal procedure had not been taken into consideration in the court’s order.

The government further maintained that Imran Khan had been receiving regular medical examinations in jail and had been examined by medical boards on several occasions. It argued that the opinion of medical experts should be taken into consideration regarding his transfer to a hospital.

According to the latest development, the Supreme Court Registrar’s Office has returned the government’s review petition after raising objections. However, the return of the petition by the Registrar’s Office should not be considered a decision by the Supreme Court on the merits of the review petition.