ISLAMABAD: The federal government has asked the Supreme Court to recall its August 18 order directing the transfer of Pakistan Tehreek-e-Insaf founder and former prime minister Imran Khan from Adiala jail to Shifa International Hospital, warning that the decision could set a precedent for other prisoners.
The review petition, filed after addressing objections raised by the Supreme Court Registrar’s Office, argues that the order was issued without hearing a necessary party and is inconsistent with the Pakistan Prison Rules, 1978.
The government contended that allowing prisoners to choose private hospitals could open the “floodgates” for similar requests and create unequal treatment under Article 25 of the Constitution.
It also argued that the August 18 order granted all major reliefs sought by Khan at the interim stage, including his transfer to Shifa, access to personal doctors, family meetings and provision of medical reports to his lawyer.
The government maintained that the order was passed without notice to the district election commissioner, whom it described as a necessary party, and therefore raised concerns under Article 10-A concerning fair trial and due process.
The petition further argued that criminal appellate courts do not have the power under the Code of Criminal Procedure to order a prisoner’s transfer to a private hospital or constitute a specialist medical board in the manner directed by the Supreme Court.
Meanwhile, confusion continues over Khan’s attempted transfer to Shifa International Hospital.
The government says Khan was taken for a medical examination at the Pakistan Institute of Medical Sciences, where a team of specialists examined him and declared him medically fit before he was returned to Adiala jail.
Information Minister Attaullah Tarar said the decision to take Khan to PIMS was made because of security concerns caused by PTI workers around Shifa Hospital.
Khan’s sister, Dr Uzma Khan, disputed the government’s account, alleging that only a brief eye examination and blood pressure check were conducted at PIMS and that Khan’s medical files were not available.
Khan’s personal physician, Dr Faisal Sultan, said he reached Shifa International Hospital and waited for several hours but was later informed that Khan would not be brought there.
The government and Khan’s family have therefore given conflicting accounts of the events surrounding his proposed hospital transfer.
The federal government has ultimately asked the Supreme Court to review and recall its August 18 order while reserving the right to raise additional grounds during the hearing.
