Govt challenges SC order on Imran’s transfer

The federal government has formally challenged the Supreme Court’s order directing the transfer of Pakistan

The federal government has formally challenged the Supreme Court’s order directing the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital in Islamabad.

The review petition was filed by the Chief Commissioner Islamabad through the Islamabad Advocate General. The government has asked the Supreme Court to reconsider and modify its August 18 interim order.

The Supreme Court had directed authorities to shift Khan from prison to Shifa International Hospital for medical assessment and treatment. The court also ordered the formation of a medical board to examine his condition. The transfer was to take place under strict security arrangements.

In its review petition, the government argued that the Supreme Court’s direction went beyond the legal framework governing the treatment of prisoners.

The petitioner maintained that there are established procedures for transferring prisoners from jail to hospitals. It said government approval and involvement of the Inspector General of Prisons may be required in certain circumstances.

The government also pointed to the Pakistan Prison Rules, 1978. It referred specifically to Rule 197, which lays down the procedure for taking a prisoner outside the jail for medical treatment.

The petition further argued that a prisoner shifted to a hospital must remain under police supervision. The government said these legal and security requirements should be considered before implementing the transfer order.

The federal government also raised questions about the judicial procedure followed in the case. It argued that the matter came before the Supreme Court for the first time and that the relevant parties were not given prior notices.

The petition cited Article 10-A of the Constitution. It stated that the provision guarantees the right to a fair trial and due process.

The government further maintained that Khan has previously received regular medical examinations. It said medical boards have examined and treated him on several occasions.

According to the petition, the court should have considered the opinion of medical experts before ordering the transfer. The government has therefore requested a review of the interim order.

The development comes a day after the Supreme Court ordered Khan’s transfer to Shifa International Hospital. The court also directed authorities to provide his complete medical record to the medical board.

The court’s order followed concerns over Khan’s health and reports submitted regarding his medical condition. The three-member bench directed that specialists be included in the medical board. Khan’s personal physician was also to be involved in his medical assessment.

The Supreme Court also allowed greater access to Khan’s family. It directed that regular family meetings be facilitated and that he be allowed telephone contact with his sons living abroad.

The government, however, has objected to the transfer to a private hospital. Law Minister Azam Nazeer Tarar said the authorities believed the order required legal clarification and modification. He argued that prisoners should generally receive treatment within the existing prison or public healthcare system.

The minister also raised the question of whether similar orders could have wider implications for other prisoners requiring medical treatment.

The government has asked the Supreme Court to reconsider the relevant parts of its order and bring them in line with the applicable legal procedures.