Government Challenges Supreme Court's Order for Imran Khan's Hospital Transfer

In a significant legal maneuver, the federal government has filed a petition with the Supreme Court requesting a review of its recent ruling, which ordered the transfer of former Prime Minister Imran Khan to Shifa International Hospital for medical evaluation and treatment. The petition, submitted by Islamabad's Advocate General Naveed Hayat Malik, argues that the court's interim order is "discriminatory" and exceeds its jurisdiction.

The government's review petition, made public on Wednesday, criticizes the court for overlooking Rule 197 of the Pakistan Prison Rules of 1978, which outlines the procedures for transferring prisoners to hospitals. The petition asserts that had the court properly considered this rule, the order for Khan's transfer would not have been issued.

Specifically, Rule 197 mandates that a government order for a prisoner's hospital transfer be obtained from the Inspector General of Police unless it's an emergency, in which case the jail superintendent can act independently but must inform the IG immediately. The petition emphasizes that the order allowing Khan to receive treatment at a private facility lacks sufficient legal grounds, as it was based on a report from the Adiala jail superintendent that did not indicate an urgent need for medical intervention.

Furthermore, the review petition contends that the Supreme Court's decision to allow Khan special treatment could lead to similar requests from other prisoners, thus undermining the integrity of the criminal justice system. The petition underscores that Article 25 of the Constitution guarantees equal treatment under the law, warning that the court's ruling could create a precedent for preferential treatment of convicts.

The petition also raises concerns about procedural fairness, noting that the Islamabad district election commissioner was named as a respondent in the case but did not receive prior notice before the court's ruling. The government's application argues that this lack of notification violates principles of natural justice and due process, as outlined in Article 10-A of the Constitution.

In detailing its objections, the government argues that the Supreme Court overlooked critical issues regarding the maintainability of the petition for Khan's hospitalization. The petition points out that the court's opinion was formed based on a report that did not substantiate claims of a serious deterioration in Khan's health. It further notes that Khan has been regularly examined and treated by medical professionals, suggesting that the court should have sought expert medical advice before making its interim order.

The review petition emphasizes that the law permits interim relief only in specific circumstances, asserting that the Supreme Court's ruling effectively granted final relief without due process. The government is seeking a retraction of the August 18 order, which it claims violates established legal principles. The interim order had directed authorities to transfer Khan to Shifa International Hospital within two days for treatment and allow his family members and personal physician to participate in his medical care.

The Supreme Court's interim order also called for the government to present Khan's complete medical records from the time of his arrest. The petition is currently awaiting a hearing date, and under the Supreme Court Rules, it will be reviewed by the same bench that issued the original order.

Source: www.dawn.com