Registrar’s Office raises objections to government petition as PTI demands immediate compliance with Supreme Court hospital transfer order.
ISLAMABAD: The Supreme Court on Thursday returned a review petition filed by the federal government against its order directing the transfer of incarcerated former prime minister Imran Khan to Shifa International Hospital in Islamabad for medical examination and treatment.
The Supreme Court Registrar’s Office raised objections to the review petition submitted by the Islamabad chief commissioner, according to a private news channel.
Sources said the federal government is expected to refile the petition after addressing the objections raised by the Registrar’s Office.
However, in a post on X, PTI Secretary General Salman Akram Raja claimed that the federal government had withdrawn its review petition against the Supreme Court’s order.
“There is no excuse whatsoever for not complying with the SC order of 18th August. Imran Khan must be transferred to Shifa International Hospital forthwith,” he said.
Government challenges hospital transfer order
The development came a day after the federal government approached the Supreme Court seeking a review of its decision to transfer the jailed former prime minister to a private hospital.
The petition was filed by the Islamabad chief commissioner through the Advocate General for the Islamabad Capital Territory.
The government argued that the Supreme Court’s August 18 interim order directing Imran Khan’s transfer to a private hospital exceeded the court’s jurisdiction and should therefore be reviewed.
It maintained that a relevant statutory provision had not been considered by the court, resulting in what it described as an error apparent on the face of the record.
The petition stated that Imran Khan, 73, was sentenced to three years in prison by an Additional Sessions Judge on August 5, 2023, after which he challenged the sentence before the Islamabad High Court (IHC).
According to the petition, the former premier subsequently sought permission to be transferred to Shifa International Hospital for medical treatment. The IHC rejected the request on March 12, prompting an appeal before the Supreme Court.
Government cites prison rules and due process
The federal government argued that prisoners transferred to hospitals are required to remain under police supervision.
It also referred to Rule 197 of the Pakistan Prison Rules, 1978, which sets out the procedure for transferring prisoners from jail to hospital.
The petition further argued that the matter had come before the Supreme Court for the first time and that notices had not been issued to the relevant parties.
The government invoked Article 10A of the Constitution, which guarantees the right to a fair trial and due process.
It argued that due process includes providing fair notice of a hearing to both parties.
The government also maintained that Imran Khan had undergone regular medical examinations in the past and had received treatment from medical boards on several occasions.
It argued that the court should have obtained the opinion of medical experts before ordering his transfer to hospital on medical grounds.
SC orders medical assessment and treatment
In its order released on Tuesday, the Supreme Court directed the Adiala jail authorities to transfer Imran Khan to Shifa International Hospital within two days for medical assessment and treatment.
The court also ordered the constitution of a medical board to assess and treat the former prime minister.
It directed that Dr Uzma and Imran Khan’s personal physician be present during his medical assessment and treatment, with the expenses to be borne by his family.
Authorities were instructed to make the necessary arrangements and transfer the PTI founder to the hospital under tight security.
The court further warned that any violation of its directions could result in the withdrawal of facilities currently being provided to Imran Khan.
Following the ruling, PTI welcomed the Supreme Court’s order and urged party workers not to gather outside the medical facility.
Imran Khan has remained in prison since August 2023 following convictions that he and his party have described as politically motivated. Since his removal from office in April 2022 following a no-confidence vote, he has faced multiple legal cases.