SC returns govt plea over Imran’s hospital transfer

The Supreme Court has returned a review petition filed by the federal government against its order directing

The Supreme Court has returned a review petition filed by the federal government against its order directing the transfer of former prime minister Imran Khan to Shifa International Hospital.

Sources said the Supreme Court Registrar’s Office raised objections to the petition submitted by the Islamabad chief commissioner through the Advocate General for Islamabad. The government is expected to address the objections and submit the review petition again.

The development came as the deadline for implementing the court’s August 18 order approached. The Supreme Court had directed authorities at Adiala Jail to transfer Khan to Shifa International Hospital for medical examination and treatment.

The court had also ordered the formation of a medical board to assess his health and oversee his treatment. It directed that Dr Uzma and Khan’s personal physician be present during the medical assessment. The former premier’s family was ordered to bear the medical expenses.

PTI Secretary General Salman Akram Raja, however, said the federal government had withdrawn its review petition. He urged authorities to comply with the Supreme Court’s order and transfer Khan to the hospital without further delay.

The government’s petition had challenged the legal basis of the Supreme Court’s interim order. It argued that the court had exceeded its jurisdiction by ordering Khan’s transfer without first issuing notices to the relevant parties.

The petition also referred to Article 10A of the Constitution, arguing that the right to a fair trial and due process includes giving parties proper notice and an opportunity to be heard.

The government further cited Rule 197 of the Pakistan Prison Rules, 1978. It maintained that prisoners transferred from jail to hospitals must remain under police supervision and that the prescribed procedure should be followed.

The petition also argued that Khan had previously undergone regular medical examinations and had been treated by medical boards. According to the government, the court should have sought expert medical advice before issuing an order based on his health condition.

Khan has been incarcerated since August 2023 after being convicted in a number of cases. His party has repeatedly described the cases against him as politically motivated.

The Supreme Court’s August 18 order required jail authorities to make arrangements for his secure transfer and medical treatment. The court also warned that failure to comply with its directions could have consequences for facilities being provided to the PTI founder.