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Government Argues Court Order Contains Legal Flaws
The Islamabad Chief Commissioner has challenged the Supreme Court’s decision allowing Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s transfer to a private hospital, arguing the ruling was based on “clear legal errors” . The review petition, filed against the Supreme Court’s August 18 order, contends that transferring a convicted prisoner to a private hospital is not permitted under the Pakistan Prison Rules, 1978 .
According to the petition, prison regulations allow inmates to receive medical treatment at jail hospitals, civil hospitals, or district headquarters hospitals, but do not provide for their admission to private medical facilities . The plea further argues that moving a prisoner to a private hospital could create additional security concerns and increase the possibility of outside influence . The chief commissioner also contends that the Supreme Court passed the order without impleading him in the case or issuing him notice, which he argues violates Article 10-A of the Constitution guaranteeing the right to a fair trial .
Additional Legal Objections Raised
The review petition also questions the medical basis of the order, stating that the medical board’s report did not indicate that Imran Khan’s condition was critical, and argues the court should not have relied solely on the report without obtaining an opinion from technical experts . It further maintains that Section 561-A of the Code of Criminal Procedure does not apply to matters concerning jail administration .
The petition argues that allowing Imran Khan to make two international telephone calls per week would violate Rule 265 of the Pakistan Prison Rules . It also contends that granting special concessions to one prisoner violates the principle of equal rights under Article 25 of the Constitution and could encourage other prisoners to make similar demands . The petition also challenges the grant of final relief at an interim stage, arguing this was premature .
Background of the Hospital Transfer Controversy
The Supreme Court had originally ordered that Imran Khan be transferred from Adiala Jail to Shifa International Hospital for medical treatment, with expenses to be borne by his family . However, authorities took him to the government-run Pakistan Institute of Medical Sciences (PIMS) under tight security on Thursday night, just before the 48-hour deadline set by the top court expired . The government cited security concerns around Shifa Hospital and the surrounding area .
PTI has accused the government of violating the Supreme Court’s directions, with party leaders arguing the court’s instructions contained no ambiguity and that Imran Khan should have been transferred to Shifa International Hospital as directed . The review petition, initially returned by the Supreme Court Registrar’s Office over incomplete paper books, is expected to be refiled .
