The Supreme Court registrar’s office has returned a review petition filed by the federal government against the apex court’s order directing the transfer of incarcerated former prime minister Imran Khan to Shifa International Hospital for medical assessment and treatment, sources said on Thursday.
The registrar’s office raised objections to the petition, which had been filed by the Islamabad chief commissioner through the advocate general for the Islamabad Capital Territory (ICT), according to the sources.
The federal government is expected to refile the review petition after addressing the objections raised by the registrar’s office.
The development came a day after the government challenged the Supreme Court’s Aug 18 interim order directing authorities to shift the PTI founder to the private hospital.
In its petition, the government argued that the Supreme Court order exceeded its jurisdiction and contained an error apparent on the face of the record.
“It seems the above statutory provision escaped notice of the Honourable Court, thereby resulting in an error which is floating on the surface of the record,” the petition stated, arguing that the order merited review.
The petition said Imran was sentenced to three years in prison by an additional sessions judge on Aug 5, 2023, after which he challenged the conviction before the Islamabad High Court (IHC).
According to the plea, the former premier had sought to be shifted to Shifa International Hospital for treatment, but the IHC rejected the request on March 12, prompting him to approach the Supreme Court.
The government also referred to Rule 197 of the Pakistan Prison Rules, 1978, which lays down the procedure for transferring prisoners from jail to hospital. It maintained that prisoners transferred to hospitals must remain under police supervision.
The petition further argued that Article 10A of the Constitution guarantees the right to a fair trial and due process, and that the matter had come before the Supreme Court for the first time without notices being issued to the relevant parties.
The government also contended that Imran had been regularly medically examined and had received treatment from medical boards on several occasions. It argued that the court should have sought the opinion of medical experts before ordering his transfer on health grounds.
SC order
In its order issued on Tuesday, the Supreme Court directed Adiala jail authorities to transfer Imran to Shifa International Hospital for medical assessment and treatment within two days.
The court also ordered the constitution of a medical board to assess and treat the PTI founder and directed that his sister, Dr Uzma Khan, and personal physician be present during his medical assessment and treatment. The expenses are to be borne by his family.
Authorities were directed to make arrangements for the transfer under tight security.
The court warned that any violation of its directions could result in the withdrawal of facilities being provided to the PTI founder.
The deadline for Imran’s transfer expires on Thursday.
Following the ruling, PTI welcomed the Supreme Court’s order and urged party workers and supporters not to gather outside the hospital.
