Govt Challenges SC Order on Imran Khan Hospital Transfer

ISLAMABAD: (Special Reporter) – The federal government has challenged the Supreme Court’s August 18 order directing the transfer of PTI founder Imran Khan to Shifa International Hospital, arguing that the interim directive went beyond the court’s jurisdiction and overlooked established prison procedures.

The review petition, filed by the Islamabad chief commissioner through the Islamabad advocate general, maintains that the Pakistan Prison Rules, 1978, already provide a legal mechanism for prisoners requiring treatment outside jail. Under those rules, a prisoner may be transferred to a government civil or district headquarters hospital when necessary, while the government argues that there is no provision specifically allowing routine treatment at a private hospital.

The government has also argued that prisoners do not have an established right under the Prison Rules or the Prisons Act to demand treatment from a private doctor of their choice.

According to the petition, the Supreme Court issued its interim order even though the matter was being heard for the first time and the relevant authorities had allegedly not been given notice. The government has questioned whether the court had sufficient grounds to conclude that Khan’s health was deteriorating on the basis of the medical material presented before it.

The petition further contends that medical questions should have been assessed with the assistance of qualified specialists, particularly because Khan had already been examined by medical boards on several occasions.

The government has also challenged the reliance on Section 561-A of the Code of Criminal Procedure, arguing that the provision cannot be used to interfere with matters falling within the established administration of prisons.

Another objection concerns the scope of the interim relief granted by the Supreme Court. The government argues that the order effectively granted Khan several forms of substantive relief at an interim stage, including transfer to Shifa International Hospital, access to his personal doctors, meetings with family members and permission for medical reports to be provided to his lawyer.

The review plea also warns that allowing a private-hospital facility for one prisoner could encourage similar demands from other inmates, potentially creating a large number of comparable applications. The government has described this as inconsistent with the principle of equal treatment.

The Supreme Court initially ordered Khan’s transfer to Shifa International Hospital for medical assessment and treatment until September 16. The government subsequently challenged that order. The first review petition was returned by the court’s registrar over incomplete paper books, after which the government resubmitted the plea following removal of the objections.

As of August 23, the government has also sought an early hearing of its review application, arguing that the August 18 directive affects the administration’s constitutional and legal authority.