SC decision on Imran Khan transfer faces review petition
The Islamabad chief commissioner has filed a review petition against the Supreme Court order that allowed PTI founder Imran Khan to be shifted to a private hospital. The petition claims the decision contains clear legal errors and goes against established prison rules.
On Tuesday the top court had directed authorities to transfer the former prime minister from Adiala Jail to Shifa International Hospital. The order came after repeated requests from his party and family who raised serious concerns about his health. Imran Khan, now 73, has remained in jail in Rawalpindi since August 2023 after convictions in multiple cases that he and his supporters describe as politically motivated.
Despite the court order, officials later took him to the government run Pakistan Institute of Medical Sciences under heavy security, citing safety reasons. The review petition strongly objects to any move towards a private hospital. It argues that the Pakistan Prison Rules 1978 contain no provision allowing a prisoner to be admitted to a private medical facility. According to the law, treatment can only take place inside the jail or in a civil or district headquarters hospital.
The chief commissioner further states that sending a high profile prisoner to a private hospital would create serious security risks and open the door to external influence. The petition also notes that a prisoner cannot insist on treatment from a private doctor of his own choice. Government doctors, it says, are highly experienced professors and internationally recognised experts.
Another key point raised is that the Supreme Court issued the original order without making the chief commissioner a party or giving him a chance to present his side. This, according to the plea, violates Article 10 A of the Constitution which guarantees the right to a fair hearing.
The petition adds that the medical board report never described Imran Khan’s condition as critical. It argues that the court should not have ordered a private hospital transfer without first seeking the opinion of technical medical experts. The review also challenges the use of Section 561 A of the Code of Criminal Procedure in matters of jail administration and claims that granting final relief as interim relief goes against settled legal principles.
Finally, the petition warns that allowing special concessions for one prisoner would breach the principle of equality under Article 25 of the Constitution and could encourage similar demands from other inmates.
