ISLAMABAD: The Supreme Court has returned the federal government’s review petition challenging its order to transfer incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital in Islamabad.
The review petition was returned by the Supreme Court registrar’s office because the paper books submitted with the petition were incomplete, according to an informed source.
The government may file the review petition again after addressing the objections raised by the registrar’s office. It may also challenge the registrar’s objections through an appeal, the source said.
The development comes two days after a three-member Supreme Court bench ordered authorities to shift Imran Khan from Adiala Jail to Shifa International Hospital for medical examination and treatment by a multidisciplinary medical board.
Supreme Court order on Imran Khan’s medical treatment
On August 18, the bench headed by Justice Shahid Waheed and comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim issued interim directions concerning petitions seeking better medical facilities for Imran Khan, access to his personal physicians and family members, and access to his medical records.
The court directed the authorities to transfer the former prime minister to Shifa International Hospital within two days.
It also allowed Imran Khan’s personal physician and sister to remain involved in his medical care and directed authorities to facilitate regular contact between him and his family.
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Government challenges hospital transfer order
The federal government had approached the Supreme Court on Wednesday seeking a review and recall of the August 18 order.
In its petition, the government argued that the direction to shift Imran Khan to a private hospital was discriminatory and inconsistent with prison rules and principles of natural justice.
The review petition, filed through Islamabad Capital Territory Advocate General Naveed Hayat Malik on behalf of the Islamabad chief commissioner, referred to Rule 197 of the Pakistan Prison Rules, 1978.
The government argued that the rule governing the transfer of prisoners to hospitals had not been adequately considered when the Supreme Court issued its directions.
It further maintained that allowing a convicted prisoner to receive treatment at a private hospital, particularly on the basis of a medical report that did not indicate an immediate need for such treatment, could have wider implications for the criminal justice system.
The petition also invoked Article 25 of the Constitution, which guarantees equality before the law, arguing that similarly placed prisoners could seek comparable treatment.
PTI demands immediate implementation
PTI Secretary General Salman Akram Raja criticised the development, claiming that the government had effectively withdrawn its review petition following the registrar’s objections.
Raja called for immediate implementation of the Supreme Court’s August 18 order and said there was no justification for delaying Imran Khan’s transfer to Shifa International Hospital.
The PTI has repeatedly urged the authorities to comply with the court’s directions concerning Imran Khan’s medical care and access to his family and personal doctors.
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Government defends Imran Khan’s treatment
The government has maintained that Imran Khan is receiving medical care under applicable prison rules and that there is no ambiguity regarding his treatment.
Information Minister Attaullah Tarar said the government had never politicised health matters and maintained that Imran Khan had previously been provided with medical facilities and would continue to receive treatment in accordance with legal and prison regulations.
Tarar also argued that health matters should not be turned into a political issue.
Minister of State for Interior Tallal Chaudhry, who appeared alongside Tarar at a press conference, accused the PTI of using Imran Khan’s health as a political issue.
PTI rejects government’s criticism
The PTI rejected the government ministers’ comments, describing them as irresponsible and insensitive.
In a statement, the party said Imran Khan’s health should not be used for political point-scoring and urged the government to follow the Supreme Court’s directions instead of making the matter controversial through political statements.
The dispute over Imran Khan’s medical treatment now comes against the backdrop of the government’s attempt to have the Supreme Court reconsider its August 18 order.
For now, the registrar’s decision means the government’s review petition has not been entertained in its submitted form. The government could seek to address the objections and file the petition again.