ISLAMABAD — The federal government has formally challenged the Supreme Court’s interim order directing the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital, arguing the directive exceeded the court’s jurisdiction.
The review petition, filed by the Islamabad chief commissioner through the Islamabad advocate general, contests the apex court’s August 18 interim ruling that ordered Khan’s relocation from prison to the private medical facility for treatment.
Legal Grounds of the Government’s Challenge
The government’s petition maintains that the court’s order bypassed established legal procedures governing prisoner transfers for medical care. According to the filing, Rule 197 of the Pakistan Prison Rules 1978 clearly outlines the process for moving a prisoner from jail to a hospital, requiring government approval and action through the Inspector General of Prisons.
The petition further emphasizes that prisoners transferred to hospitals must remain under police supervision, a requirement the government argues was not addressed in the interim order.
Procedural Concerns Raised
The federal government invoked Article 10-A of the Constitution, which guarantees the right to a fair trial and due process, contending that proper notices were not issued to relevant parties before the interim order was passed. The petition notes this was the first time the matter had come before the Supreme Court.
The government also argued that the court should have sought expert medical opinion before determining whether Khan’s health had deteriorated to a degree warranting transfer to a private hospital.
Background of the Case
Imran Khan was sentenced to three years in prison by an additional sessions judge on August 5, 2023. He subsequently filed an appeal against the conviction before the Islamabad High Court.
During those proceedings, Khan 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 the request on March 12, 2026, prompting an appeal to the Supreme Court.
The government’s petition states that Khan has been regularly medically examined during his imprisonment and has received treatment from medical boards on multiple occasions.
Requested Relief
The federal government has requested the Supreme Court to review its August 18 interim order and withdraw the direction regarding Imran Khan’s transfer to Shifa International Hospital.
The Supreme Court had earlier issued a seven-page detailed order outlining the medical treatment and facilities to be provided to the PTI founder.
