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Govt challenges SC order to shift Imran Khan to Shifa International

Review petition says August 18 transfer order exceeded court’s jurisdiction; government argues prison rules already provide mechanism for prisoners’ medical treatment outside jail

ISLAMABAD: The federal government on Wednesday filed a review petition in the Supreme Court against its order directing authorities to shift Pakistan Tehreek-e-Insaf founder and former prime minister Imran Khan from Adiala jail to Shifa International Hospital for medical examination and treatment.

The review petition was filed by the Islamabad Chief Commissioner through the Advocate General Islamabad.

In the petition, the government contended that the Supreme Court’s interim order issued on August 18 directing Imran Khan’s transfer to hospital exceeded the court’s jurisdiction and should therefore be reviewed.

The petition argued that the Pakistan Prison Rules, 1978, already prescribe a procedure for transferring a prisoner from jail to a hospital outside the prison premises.

The government also highlighted the procedural and legal history of the case, saying Imran Khan was sentenced to three years in prison by an additional sessions judge on August 5, 2023. An appeal against the conviction was subsequently filed before the Islamabad High Court.

Earlier, Imran Khan had sought permission under Section 561-A of the Code of Criminal Procedure to be shifted to Shifa International Hospital for medical treatment.

The Islamabad High Court rejected the application on March 12, 2026, following which an appeal was filed before the Supreme Court.

In the latest petition, the federal government maintained that the existing prison rules provide a legal mechanism for dealing with the medical treatment of prisoners outside jail and that the matter should be dealt with under that framework.

The development comes a day after the Supreme Court ordered authorities to shift Imran Khan to Shifa International Hospital within two days for a comprehensive medical examination and treatment of his eye condition.

Supreme Court orders hospital transfer

A three-member Supreme Court bench headed by Justice Shahid Waheed had directed that Imran Khan be shifted to Shifa International Hospital and that Dr Faisal Sultan and Imran Khan’s sister, Dr Uzma Khan, be allowed to accompany and participate in his medical examination and treatment.

The court had also directed the formation of a five-member medical board to oversee the former prime minister’s examination and treatment.

The board is to comprise a physician, general surgeon, internal medicine specialist, ophthalmologist and cardiologist.

According to the court’s detailed seven-page written order, Imran Khan is to remain at the hospital until the next hearing, while a medical report is to be submitted to the court.

The court ordered that the expenses of treatment and other facilities at Shifa International Hospital would be borne by Imran Khan or his family.

The bench observed that a person in custody was entitled to humane treatment and necessary medical facilities, stressing that the state and courts had a constitutional and legal responsibility to protect the life, health, dignity and security of persons in custody.

The court also directed authorities to submit Imran Khan’s complete medical record, including test reports, prescriptions, medical opinions and details of treatment received since his arrest.

It further sought details of his meetings with family members and lawyers over the previous three months.

Government objects to transfer order

During Tuesday’s proceedings, the additional attorney general had objected to the proposed transfer, arguing that the government had not been issued notice before the order was made.

The Supreme Court made the government’s objection part of its order and adjourned further proceedings until September 16.

The government subsequently indicated that it would seek a review of the order.

Federal Minister for Law and Justice Azam Nazeer Tarar said on Tuesday that consultations had been held regarding Imran Khan’s medical examination and possible transfer to hospital and that the government would approach the Supreme Court for a review of its decision.

The review petition now formally challenges the August 18 order.

Court seeks details of cases against Imran

The Supreme Court had also sought complete details of all criminal cases pending against Imran Khan, including cases in which he was under trial, in custody or had been convicted.

During the hearing, his counsel Khalid Yousaf Advocate told the court that more than 200 cases had been registered against the PTI founder.

Imran Khan was sentenced to three years in prison in the Toshakhana case, although the conviction was later suspended by the Islamabad High Court.

He was also sentenced to 10 years in the cipher case, but the conviction was subsequently overturned by the high court.

In the unlawful marriage case, Imran Khan and his wife Bushra Bibi had initially been sentenced to seven years in prison before they were later acquitted.

The former prime minister has also been convicted by accountability courts in the Al-Qadir Trust case and a second Toshakhana case. Appeals and proceedings seeking suspension of those convictions remain pending.

The Supreme Court said the question of whether the petition seeking Imran Khan’s transfer to Shifa International Hospital was maintainable, along with other objections, would be decided at the next hearing.

Medical treatment and family access

The petition before the Supreme Court had sought specialised treatment for Imran Khan, particularly access to a retina specialist, as well as the involvement of his personal physicians in his medical care.

It had also sought appropriate access for members of his family during his examination and treatment.

Apart from ordering his transfer to the hospital, the Supreme Court directed the government to facilitate one meeting between Imran Khan and his family every week.

The court also ordered that he be allowed to speak to his sons by telephone twice a week.

At the same time, the court imposed restrictions on activities surrounding his treatment.

It directed that no public gathering should be allowed within the premises of Shifa International Hospital during Imran Khan’s stay.

The court further warned that Imran Khan, his family or people associated with him should not use his medical reports or health information for political gain.

It said the facilities being provided under its orders could be withdrawn immediately if any of the directions were violated.

Sister meets Imran at Adiala jail

Earlier, Noreen Niazi, one of Imran Khan’s sisters, met him at Adiala jail on Tuesday shortly after the Supreme Court ordered his transfer to Shifa International Hospital.

Noreen was the only family member allowed to enter the jail.

Imran Khan’s other sisters, Aleema Khan and Dr Uzma Khan, as well as his cousin Qasim Zaman, were stopped at Dahgal Naka on Adiala Road.

Noreen later left the jail without speaking to reporters.

She remained seated inside her vehicle with its windows closed as journalists asked her about Imran Khan’s health and whether she had met him.

When asked directly if she had met the PTI founder, Noreen nodded in the affirmative but did not respond to further questions.

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