Controversy Continues Over Imran Khan's Hospital Transfer as Islamabad Chief Commissioner Appeals to Supreme Court

In a developing legal saga, the Islamabad chief commissioner has once again turned to the Supreme Court (SC) in a bid to challenge an order that permits former Prime Minister Imran Khan to be transferred to a private hospital. The chief commissioner argues that this directive, issued on August 18, 2023, is discriminatory and undermines the constitutional authority of prison regulations.

Imran Khan, who has been incarcerated since August 5 on corruption charges related to the Toshakhana gifts, is currently serving a 14-year sentence at Rawalpindi’s Adiala jail. His health has reportedly declined during his incarceration, leading to heightened concerns among his supporters.

A three-judge bench of the SC, led by Justice Shahid Waheed, had ordered Khan’s transfer to Shifa International Hospital after multiple petitions were filed regarding his health and family visitation rights. However, the chief commissioner contends that the decision lacks proper procedural foundation. The petition, filed under Article 188 of the Constitution, claims that the move contravenes established prison protocols for inmate medical treatment.

The registrar’s office at the SC had previously returned a review petition from the federal government regarding the August 18 order, citing procedural issues. The chief commissioner’s petition argues that the SC’s order could set a dangerous precedent, opening the door for similar treatment requests from other inmates, which could disrupt the integrity of the criminal justice system.

Furthermore, the review petition emphasizes that Article 25 of the Constitution enshrines the right to equal treatment, stating that preferential treatment for Khan, based on a report that does not indicate an urgent medical need, is fundamentally unjust. It warns that such favoritism could erode the established legal framework governing prison treatment.

The petition also references the Pakistan Prison Rules, asserting that these rules do not accommodate the transfer of inmates to private hospitals, which could expose them to external risks and influence. It argues that the current legal framework provides for inmates to receive medical care only in prison facilities or designated public hospitals when necessary.

On the ground, Information Minister Attaullah Tarar reported that Khan underwent a medical evaluation at the Pakistan Institute of Medical Sciences (PIMS) before being returned to Adiala jail, where he was declared medically fit. This decision has sparked further accusations from the Pakistan Tehreek-e-Insaf (PTI) party, which claims the government is failing to provide adequate transparency and care for Khan’s health issues.

Source: www.dawn.com