ISLAMABAD: The Supreme Court has returned the federal government’s review petition challenging its interim order for the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to a hospital, citing objections raised by the Registrar’s Office, sources said on Wednesday.
The Registrar’s Office had flagged procedural deficiencies in the government’s petition, most notably its submission without complete paper books. The government is expected to address these objections and refile the review petition, according to sources familiar with the matter.
Background of the Legal Dispute
The review petition was filed by the Islamabad chief commissioner through the Islamabad advocate general, seeking reconsideration of the Supreme Court’s August 18 interim order directing Imran Khan’s transfer to a medical facility. The government argued that the order exceeded the court’s jurisdiction and warranted review.
Imran Khan was sentenced to three years in prison by an additional sessions judge on August 5, 2023, and subsequently filed an appeal against his conviction before the Islamabad High Court. During those proceedings, he sought permission under Section 561-A of the Code of Criminal Procedure to be transferred to Shifa International Hospital for treatment.
The Islamabad High Court rejected this request on March 12, 2026, prompting an appeal to the Supreme Court.
Government’s Legal Arguments
The federal government contended that existing law requires approval and action through the Inspector General of Prisons in cases where a prisoner is to be taken outside jail for medical treatment. It further argued that prisoners transferred to hospitals must remain under police supervision.
The petition cited Rule 197 of the Pakistan Prison Rules 1978, asserting that the law clearly outlines the procedure for transferring a prisoner from jail to a hospital. The government also invoked Article 10-A of the Constitution, which guarantees the right to a fair trial and due process of law.
Additionally, the government maintained that the matter had come before the Supreme Court for the first time and that proper notices had not been issued to relevant parties before the interim order was passed.
Medical Supervision Claims
The petition stated that Imran Khan had been regularly medically examined during his imprisonment and had received treatment from medical boards on several occasions. The government argued that the court should have obtained medical expert opinions before determining whether the PTI founder’s health had deteriorated to an extent warranting transfer to a private hospital.
The Supreme Court’s decision to return the petition does not address the merits of the case but focuses on procedural compliance. The government’s legal team is now expected to rectify the identified deficiencies and resubmit the review petition for the court’s consideration.
