Pakistan Government Challenges Supreme Court Order to Transfer Imran Khan to Shifa Hospital
The federal government has filed a review petition against the Supreme Court’s interim order directing the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital, arguing that the order exceeded the court’s legal authority.
In its petition, the government stated that the Pakistan Prison Rules, 1978, provide a clear procedure for the medical treatment of prisoners. Under the rules, a prisoner can be transferred to a government civil or district headquarters hospital when necessary, but there is no provision for transferring prisoners to private hospitals.
The government also argued that neither the prison laws nor the Prisons Act grant a prisoner the right to receive treatment from a private doctor of his choice.
According to the petition, Imran Khan’s case had been scheduled for its first hearing and he had not even been issued a notice, yet the court proceeded to issue an interim order.
The government maintained that the court had inferred a deterioration in Imran Khan’s health from a medical report, although the report contained no clear indication of such a condition. It further said that a medical board had examined Imran Khan several times and that expert medical opinions should have been sought before issuing such an order.
The petition also challenged the use of Section 561-A of the Code of Criminal Procedure, arguing that the provision could not be used to interfere in matters falling under the authority of prison administration.
The government said that all four requests made by Imran Khan had effectively been granted at the interim stage, including his transfer to Shifa International Hospital, access to personal doctors, meetings with family members, and permission to provide medical reports to his lawyers. It argued that this amounted to granting final relief through an interim order.
The petition further contended that granting special access to a private hospital could set a precedent for other prisoners and potentially lead to a surge in similar demands under prison laws. The government described this as inconsistent with the principle of equal treatment.
The federal government has asked the Supreme Court to withdraw or review its August 18 order.
