The federal government on Wednesday filed a review petition against the Supreme Court’s order to transfer incarcerated former Prime Minister Imran Khan to Shifa International Hospital, in line with an announcement of Law Minister Azam Nazeer Tarar.
Filed by the Islamabad chief commissioner through the advocate general for the Islamabad Capital Territory, the petition argues the Supreme Court’s interim order for Khan’s transfer to a private hospital exceeds its jurisdiction and requires review.
It recalled that the Pakistan Tehreek-e-Insaf (PTI) founder had petitioned a similar request to the Islamabad High Court, which was rejected on March 12, leading to the filing of an appeal before the Supreme Court. According to the petition, Khan is a convicted prisoner whose medical treatment is governed by Rule 197 of the Pakistan Prison Rules, 1978. It said that the relevant rule required approval from the government and action through the Inspector General of Prisons for shifting any prisoner to a hospital.
Citing Article 10A of the Constitution, which provides the right to a fair trial and due process of law, it argued this required fair notice of hearing to both parties. In the case pertaining to Khan’s transfer, it said, the bench did not issue any notice of hearing, nor did it grant a leave to appeal.
It further argued that Khan was regularly examined medically and had received treatment from medical boards on several occasions. It said the court should have sought the opinion of medical experts before deciding on his transfer on health grounds on the basis of a report. “The Supreme Court has repeatedly held that Court should not interfere in matters which require technical and professional skill set as the Court lack such expertise,” it said, asserting the “proper course” for the Court was to seek advice from a medical expert on the report before determining if the prisoner’s health was worsening.
According to the government’s petition, the Supreme Court can only grant interim relief and not final relief at the interim stage. Citing the appeal filed by Khan, his family and the PTI, it said the court had granted all prayers in totality as an interim measure without any notice to the respondent. “There is nothing left to adjudicate on,” it said, arguing this was in violation of settled principle of law.
Citing Article 25, which guarantees equality of citizens before the law, the petition argued that ordering the treatment of a convict in a private hospital risked “severely” disturbing the criminal justice system. “Similarly placed convicts will claim the same special treatment afforded to the respondent in violation of the Prison Rules,” it said, maintaining this was discriminatory in nature. “If the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief, which under the prevalent law cannot be granted,” it added.
A day earlier, the Supreme Court had ordered Adiala Jail authorities to transfer Khan within two days to Shifa International Hospital for medical assessment and treatment. The order had also directed the presence of Khan’s sister, Dr. Uzma, and his personal physician during the medical assessment and treatment, with his family to bear all expenses for the hospitalization.
As a condition for the concessions, the court had directed the PTI and Khan’s family against sharing the medical reports with media or the public and warned that the facilities could be withdrawn if this occurred.