SC returns govt’s review plea against PTI founder’s hospital transfer order

Islamabad (Web Desk): The Supreme Court (SC) on Thursday returned the federal government’s review petition challenging its August 18 directive to move incarcerated PTI founder Imran Khan to Shifa International Hospital.

The petition was sent back by the Supreme Court registrar’s office over an objection concerning incomplete paper books.

Sources said the government could submit the review petition again after making the required changes, while it may also file an appeal against the objections raised by the registrar.

Reacting to the development, PTI Secretary General Salman Akram Raja claimed that the government had “withdrawn its review petition” after the court raised objections.

“There is no excuse whatsoever for not complying with the SC order of Aug 18. Imran Khan sahib must be transferred to Shifa International Hospital forthwith. Today is the day,” he said.

On Tuesday, the Supreme Court had directed the authorities to transfer Imran to Shifa International Hospital within two days so that he could undergo evaluation and treatment by a multidisciplinary medical board.

A three-judge bench, led by Justice Shahid Waheed and comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim, issued the interim order while hearing petitions calling for Imran’s hospitalisation, access to his personal doctors and family members, and the provision of his medical records to his relatives.

The bench also permitted Imran’s personal physician and sister to continue participating in his medical care and instructed the authorities to ensure regular contact between him and his family.

A day later, however, the federal government approached the Supreme Court seeking a review and withdrawal of the order, maintaining that the directive was discriminatory and contrary to prison regulations as well as the principles of natural justice.

In its review petition, the government maintained that Khan was handed a three-year prison sentence by an Additional Sessions Judge on August 5, 2023, following which he challenged the conviction before the Islamabad High Court (IHC).

As per the petition, the PTI founder subsequently sought permission to be shifted to Shifa International Hospital for medical treatment. However, the IHC turned down the request on March 12, prompting him to approach the Supreme Court against the decision.

The federal government contended that the transfer of a prisoner to a hospital in certain circumstances requires government approval and must be carried out through the Inspector General (IG) of Prisons.

It further submitted that a prisoner sent to a medical facility is required to remain under police custody and supervision. The petition also cited Rule 197 of the Pakistan Prison Rules, 1978, which prescribes the mechanism for moving an inmate from a prison to a hospital.

The government maintained that Article 10-A of the Constitution guarantees every individual the right to a fair trial and due process of law.

It argued that the case had reached the SC for the first time and that notices had not been issued to the relevant parties before the interim order was passed.

The petition also pointed out that Khan had undergone medical examinations on a regular basis in the past and had been examined and treated by medical boards on multiple occasions.

The government further contended that the top court should have sought an assessment from qualified medical experts before directing Khan’s transfer to a hospital on medical grounds.

Meanwhile, federal ministers had also raised questions about the top court’s decision on Wednesday, asking whether private hospital access would consequently have to be extended to all prisoners.

Speaking at a press conference in the federal capital, Information Minister Attaullah Tarar said the Pakistan Muslim League-Nawaz (PML-N) had never used health issues for political purposes, while accusing PTI leaders of previously turning the health conditions of PML-N leaders into political matters.

Tarar said that the PTI founder had been provided medical care in the past and would continue to receive treatment in line with prison regulations and relevant laws.

“There is no ambiguity regarding his treatment,” the minister said, adding that healthcare facilities were being provided under the jail manual and all applicable rules. He stressed that health issues should remain separate from politics.

Minister of State for Interior Tallal Chaudhry, who was also present at the press conference, alleged that Imran was now seeking to use a “sympathy card” after other political tactics had failed.