Web Desk: Islamabad administration has challenged the Supreme Court’s order directing the transfer of jailed Imran Khan to a private hospital, arguing that the ruling overlooked established prison regulations and raised wider questions about equal treatment of prisoners.
The Chief Commissioner of Islamabad has filed a review petition seeking reconsideration of the Supreme Court’s Aug. 18 order, which directed authorities to move Khan from Adiala jail to Shifa International Hospital in Islamabad for medical assessment and treatment. The government has also questioned the legal basis for granting such relief at an interim stage.
In the review petition, the chief commissioner argues that the Pakistan Prison Rules, 1978, already provide a procedure for transferring prisoners to hospitals.
The petition contends that the Supreme Court’s order effectively bypassed those rules, particularly Rule 197, and describes this as a significant legal error apparent on the record.
According to the petition, authorities should follow the prescribed mechanism for determining whether a prisoner requires treatment outside the jail rather than directly ordering transfer to a private medical facility.
The government has therefore asked the Supreme Court to review its Aug. 18 decision and reconsider the directions concerning Khan’s transfer.
The petition also challenges the manner in which the order was issued.
It argues that the relevant parties, including the Chief Commissioner of Islamabad and concerned government departments, were not formally made parties to the proceedings and were not given notice before the order was passed.
The government says this raises concerns under Article 10-A of Pakistan’s Constitution, which guarantees the right to a fair trial and due process.
It further argues that the court deferred serious questions about the maintainability of the petition and nevertheless issued unilateral interim relief.
According to the review plea, the court effectively granted the substantive relief sought at an interim stage, leaving little of the underlying dispute to be decided later.
The petition also invokes Article 25 of the Constitution, which guarantees equality before the law.
The Islamabad administration argues that allowing a convicted prisoner to receive treatment at a private hospital could have broader implications for the criminal justice system.
It says such an order could encourage similar requests from other prisoners and create questions about whether comparable facilities would have to be extended to inmates in similar circumstances.
The government has therefore urged the court to consider the wider consequences of making an exception outside the framework of the existing prison rules.
The review petition follows the Supreme Court’s Aug. 18 directive to move Khan to Shifa International Hospital amid continuing concerns about his health.
The court ordered that the former prime minister be transferred from Adiala jail for medical examination and treatment, with a medical panel including specialists and his personal physician. The ruling also addressed his access to family members and telephone contact with his sons.
Khan, 73, has remained imprisoned since 2023 after being convicted in several cases. He denies wrongdoing and says the cases against him are politically motivated.
The dispute over his medical treatment has been ongoing for months. In March, the Islamabad High Court ordered the formation of a medical board to assess Khan’s condition while declining at that stage to directly order his transfer to Shifa International Hospital.
The latest petition means the government’s challenge will now place the Supreme Court’s hospital-transfer order under renewed legal scrutiny.
The Islamabad administration has asked the top court to reconsider what it describes as procedural and constitutional shortcomings in the Aug. 18 decision, particularly the alleged departure from the Pakistan Prison Rules and the absence of notice to the relevant authorities.
The case could therefore determine not only Khan’s immediate medical arrangements but also how courts and prison authorities handle requests for private medical treatment by convicted prisoners in the future.
Read more: Supreme court orders Imran Khan’s immediate transfer to Shifa International Hospital
