Pakistan government seeks review of Supreme Court order to move Imran Khan to Shifa Hospital

Petition refiled after registrar’s office raised objections to the earlier review plea

ISLAMABAD: The Supreme Court (SC) on Thursday returned a review petition filed by the federal government against its Aug 18 order for shifting incarcerated PTI founder Imran Khan to Shifa International Hospital. The SC registrar’s office returned the petition, citing incomplete paper books as the reason. An informed source told Dawn that the review petition may be filed afresh with certain amendments along with an appeal against the registrar’s objections. Reacting to the development, PTI Secretary General Salman Akram Raja said the state had “withdrawn its review petition” after the court’s objections. “There is no excuse whatsoever for not complying with the SC order of Aug 18. Imran Khan sahib must be transferred to Shifa International Hospital forthwith. Today is the day,” he said. On Tuesday, the SC had ordered the government to shift Imran to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board. A three-member bench headed by Justice Shahid Waheed and comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibr­ahim issued the interim directions on petitions seeking Imran’s hospitalisation, access to personal physicians and family members and provision of his medical record to his family. The court also allowed his personal physician and sister to remain associated with his medical care and directed authorities to facilitate regular family contact. However, the government on Wednesday approached the SC to review and recall its order, arguing that the directive was discriminatory and issued in violation of prison rules and principles of natural justice. Moved through the Islamabad chief commissioner under Article 188 of the Constitution, the review petition argued that Rule 197 of the Pakistan Prison Rules, 1978, which governs the manner and mode of transferring a prisoner to a hospital, had escaped the SC’s attention while issuing directives for shifting the former prime minister from Adiala jail to the private hospital in Islamabad. Had the Supreme Court taken note of this provision of law, the order under review could not have been passed, argued the review petition filed through Islamabad Capital Territory (ICT) Advocate General Naveed Hayat Malik on behalf of the chief commissioner. The review petition contended that ordering the treatment of a convict in a private hospital, and that too on the basis of a report that did not disclose any condition requiring immediate medical treatment, would severely disturb the entire criminal justice system. The petition highlighted that Article 25 of the Constitution bestowed a fundamental right to be treated equally and that the Constitution abhorred discrimination and favouritism. Similarly placed convicts would claim the same special treatment afforded to the respondent, in violation of the prison rules, the petition said. It contended that the Aug 18 order was discriminatory in nature, as similarly placed prisoners had not been afforded the same opportunity of receiving medical treatment at private hospitals of their own choosing, the petition contended. Government ministers on Wednesday had also questioned the SC’s order, asking whether all prisoners should be provided with access to private hospitals. Addressing a news conference in the federal capital, Information Minister Attaullah Tarar said the PML-N had never politicised health matters, while PTI leaders had a history of making political statements about the health of PML-N leaders. Tarar maintained that Imran had already been provided with medical facilities in the past and would continue to receive treatment in accordance with prison rules and legal provisions. “There is no ambiguity regarding his treatment,” the minister said, adding that healthcare facilities were being provided under the jail manual and all applicable rules. He stressed that health issues should remain separate from politics.

ISLAMABAD: The federal government on Wednesday filed a petition in the Supreme Court, seeking a review and recall of the SC order to shift incarcerated former prime minister Imran Khan to Islamabad’s Shifa Inte­rn­ati­onal Hospital for medical examination and treatment. The government’s review petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the federal capital’s chief commissioner a day after the SC’s ruling, termed the interim order “discriminatory”. The petition, a copy of which is available with Dawn, stated that the order was “in excess of jurisdiction” and, therefore, “liable to be reviewed”. The plea further stated that the order “suffers from errors of law floating on the surface of the record”. It argued that Rule 197 of the Pakistan Prison Rules, 1978, which governs the manner and mode of the transfer of a prisoner to the hospital, had escaped SC’s attention in its ruling on Imran’s hospitalisation. “Had the court taken note of the above-noted provision of law, the order under review could not have been passed,” the plea said. Elaborating on Rule 197, the plea stated that it explained that government orders for the transfer of a prisoner would be obtained through the police inspector general (IG) in cases wherein a convicted or under-trial prisoner was to be admitted to the hospital for treatment. However, in emergency cases, the jail superintendent was authorised to act as if the government sanction had been given, and if he did so, he should immediately inform the IG, the plea added, citing the rule. Under the rule, in cases where a prisoner was to be moved to a hospital for an operation, the shifting should take place as close as possible to the time fixed for the operation, and the prisoner should be brought back to the prison hospital “as soon as this can conveniently be done”, the plea said. Moreover, it contended that issuing directives for the treatment of a convict at a private hospital, and that too on the basis of a report that did not disclose any condition requiring immediate medical treatment, “will severely disturb the entire criminal justice system”. More to follow

ISLAMABAD: The federal government on Wednesday filed a review petition against the Supreme Court’s order for shifting incarcerated former prime minister Imran Khan to Islamabad’s Shifa Inte­rn­ati­onal Hospital for examination and treatment by a multidisciplinary medical board. The government’s review petition was filed through the Islamabad chief commissioner a day after the SC’s ruling. More to follow