Govt challenges SC order to shift PTI founder to hospital

ISLAMABAD: The federal government on Wednesday filed a review petition in the Supreme Court, challenging its order regarding Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s transfer from Adiala Jail to Shifa International Hospital.

The review petition was filed by the Islamabad Chief Commissioner through the Advocate General, seeking reconsideration of the Supreme Court’s decision.

The government contended that the Supreme Court’s order exceeded its jurisdiction and should be reviewed.

According to the petition, Imran Khan was sentenced to three years in prison by an Additional Sessions Judge on August 5, 2023 in the Toshakhana case. An appeal against the conviction was subsequently filed before the Islamabad High Court.

The petition stated that Imran Khan had sought his transfer to hospital under Section 561-A of the Code of Criminal Procedure. However, the Islamabad High Court dismissed the request on March 12, 2026.

An appeal against the Islamabad High Court’s decision was subsequently filed before the Supreme Court.

The government argued that, in certain circumstances, approval from the relevant authorities is required for transferring a prisoner to hospital through the Inspector General of Prisons.

It further contended that prisoners transferred to hospitals are required to remain under police supervision and that the Prison Rules already provide a procedure for transferring inmates from jail to hospital.

The review petition also cited Article 10-A of the Constitution, which guarantees the right to a fair trial and due process of law.

Read more: PTI founder’s hospital transfer a conspiracy against Nawaz Sharif

The government maintained that the matter had come before the Supreme Court for the first time and it provided relief, and that the relevant parties had not been properly served notices.

It also argued that Imran Khan had previously been receiving regular medical examinations and that medical boards had treated or examined him on several occasions.

According to the petition, the court should have sought the opinion of medical experts before determining whether Imran Khan’s health had actually deteriorated to a level requiring hospitalisation.

The government further maintained that all citizens are entitled to equal treatment under the law.

Notably, the Supreme Court had earlier ordered authorities to immediately shift Imran Khan to Shifa International Hospital for medical treatment.

Justice Shahid Waheed directed jail authorities to facilitate the transfer and ruled that Dr Faisal Sultan and Dr Uzma Khan would accompany Imran Khan during his stay at the hospital.