Government challenges SC order to shift Imran Khan to private hospital

The federal government has filed a review petition in the Supreme Court challenging its interim order directing the transfer of Pakistan

Islamabad: The federal government has filed a review petition in the Supreme Court challenging its interim order directing the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital.

In its petition, the government described the Supreme Court’s interim order as an overreach of legal authority. It argued that the Pakistan Prison Rules, 1978, clearly prescribe the procedure for providing medical treatment to prisoners.

According to the government, a prisoner can be shifted to a government civil hospital or a district headquarters hospital when necessary. However, it said there is no provision in the law for transferring a prisoner to a private hospital.

The government also maintained that prison laws and the Prisons Act do not give a prisoner the right to receive treatment from a private doctor of his choice.

The petition stated that Imran Khan’s case had been fixed for hearing for the first time and that he had not even been issued a notice. Despite this, the court issued an interim order regarding his medical treatment and transfer.

The government argued that the court appeared to have reached the conclusion that Imran Khan’s health was deteriorating on the basis of a medical report. However, according to the petition, the report did not clearly indicate any such deterioration.

It further stated that a medical board had examined Imran Khan several times. The government maintained that expert medical opinions should have been sought before making a decision on such a medical matter.

The petition also challenged the use of Section 561-A of the Code of Criminal Procedure, arguing that the provision cannot be used to interfere in matters falling within the jurisdiction of prison authorities.

The government further objected to the relief granted to Imran Khan at the interim stage. It said four requests were effectively granted through the interim order, including his transfer to Shifa International Hospital, access to personal doctors, meetings with family members, and provision of medical reports to his lawyers.

According to the government, such relief at the interim stage amounted to granting final relief without completing the regular legal proceedings.

The petition also warned that allowing a special facility for Imran Khan at a private hospital could set a precedent for other prisoners. It argued that other inmates could make similar demands under prison laws, potentially creating a large number of such requests.

The government maintained that providing such special treatment would also conflict with the principle of equal treatment of prisoners.