As the federal government petitions the Supreme Court to recall its order shifting Imran Khan to Shifa International Hospital, a volatile legal and political struggle over prisoners’ rights, judicial authority and the boundaries of executive power unfolds, leaving the PTI founder’s health and the credibility of the state’s commitment to equal treatment hanging in the balance.

ISLAMABAD: In a move that underscores the deepening institutional fissures between the executive and the judiciary, the federal government has launched a formal legal assault on the Supreme Court’s directive to transfer incarcerated former Prime Minister Imran Khan to a private hospital.

Filed late Wednesday by Islamabad Advocate General Naveed Hayat Malik on behalf of the Chief Commissioner, the review petition seeks to recall the apex court’s August 18 interim order. The government’s plea doesn’t merely question the logistics of the transfer; it brands the court’s decision “discriminatory” and “in excess of jurisdiction,” setting the stage for a significant constitutional showdown over prisoners’ rights and judicial overreach.

The State’s Legal Counter-Offensive

The petition, a copy of which has been reviewed by Dawn, rests on a three-pronged legal arguments: procedural oversight, violation of due process, and the perils of setting a “floodgate” precedent.

Central to the government’s argument is Rule 197 of the Pakistan Prison Rules, 1978. The petition argues that this provision, which dictates the manner and mode of transferring prisoners to hospitals, was “lost sight of” by the bench. The rule outlines a specific chain of command, requiring government sanction via the Inspector General of Prisons, except in dire emergencies where the jail superintendent may act retroactively.

“The order under review suffers from errors of law floating on the surface of the record,” the petition states, arguing that the court failed to appreciate that existing law mandates a prisoner undergoing a hospital procedure be returned to the prison hospital “as soon as this can conveniently be done.”

The government’s petition leans heavily on the Constitution’s equality clause. By invoking Article 25, the state argues that affording Imran Khan a private hospital of his choosing is a violation of the right to equal treatment. “Similarly placed convicts will claim the same special treatment afforded to the respondent (Imran) in violation of the prison rules,” the plea contends. “If the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief.”

Furthermore, the state is invoking Article 10-A (right to fair trial), asserting that the court acted without issuing proper notice to the parties involved, including the District Election Commissioner, thereby violating “the principles of natural justice.”

The Medical Report: A Battle Of Interpretation

The review petition hinges on the interpretation of a medical report submitted by the Adiala Jail superintendent. The state argues the court formed a “prima facie opinion” of deterioration based on a report that “did not disclose any condition requiring immediate medical treatment.”

The government’s narrative suggests the former premier is receiving adequate care, citing 39 medical examinations conducted by specialists between November 2023 and August 2026. The petition highlights that Imran’s central retinal vein occlusion (CRVO) had “almost regained normal vision.”

However, this characterisation is in stark contrast to the observations made by the three-member bench led by Justice Shahid Waheed. During Tuesday’s hearing, Justice Waheed noted that the report indicated “abnormalities in his pulse and heart condition” and suggested that “some vital organs had started being affected.”

This discrepancy is the crux of the matter. The government paints a picture of a stable patient, while the judiciary and the petitioner’s legal team painted a picture of a 73-year-old man in potentially serious decline, requiring an angiography that jail premises cannot perform.

A Political Weapon Or A Health Crisis?

The government’s insistence on retaining Imran in jail custody reveals a deeper political anxiety. Since his ouster in April 2022 and subsequent incarceration in August 2023, Imran Khan’s narrative of political victimisation has been a powerful mobilisation tool for the PTI.

The Supreme Court’s order was not unconditional. The bench, aware of the hyper-partisan environment, explicitly barred the PTI from holding public gatherings outside Shifa International Hospital and prohibited the use of the medical report “for political purposes.” The court even warned that any violation could lead to the “withdrawal of facilities.”

The government’s decision to challenge rather than facilitate the order indicates a fear that the opposition could use any concession to Khan, even a medical one, as a symbolic victory.

Law Minister Azam Nazeer Tarar had telegraphed this move a day prior, stating the government would challenge the decision. The petition argues that the matter is one of “technical and professional skill set,” asserting that the courts should not interfere in administrative decisions regarding prisoner health.

Activists And Experts Weigh In: The “Selective Rule Of Law”

Critics argue the state’s appeal to “equality” under Article 25 is cynical, given the context of Pakistan’s prison system.

“The government suddenly cares about equality for all prisoners when it comes to providing private healthcare. Where is this concern for the thousands of under-trial prisoners in Pakistan who languish in overcrowded jails without access to basic paracetamol?” questioned human rights activist Tahira Abdullah. “This isn’t about the law; it’s about ensuring Imran Khan remains in a state of deprivation.”

PTI leadership welcomed the original SC order, with Chairman Barrister Gohar Khan assuring the court that the party would not politicise the health scare. However, the party’s rank-and-file view the government’s review petition as proof of vindictiveness.

“The state is willing to risk the life of the man who led this country to win a legal argument,” PTI spokesperson Raoof Hasan told reporters outside the court. “If the government’s own medical board says he needs treatment, why is the Interior Ministry interfering? It is purely a matter of ego and political vendetta.”

The Precedent Of “VIP Culture”

The government’s argument that granting this request makes up “favouritism” touches on a sensitive nerve in Pakistani society: the culture of VIP prisoners.

While the state argues that allowing Khan to choose a private hospital violates equality, critics point out that high-profile convicts and politicians have historically received leniency in Pakistan. Legal analysts viewed the contention that this will “open a floodgate” as somewhat weak.

“The law recognises the unique security requirements of high-profile prisoners,” former Attorney General Anwar Mansoor Khan commented. “The government’s own rules allow for the shifting of prisoners to hospitals for necessary treatment. The court didn’t create a new right; it enforced the existing right to health under Article 9 (Right to Life) of the Constitution. The government’s review petition appears to be an attempt to delay the inevitable by tying up the court in procedural knots.”

What’s Next?

The review petition places the Supreme Court in a delicate position. If it recalls its own order under pressure from the executive, it risks signalling that the top court is susceptible to state pressure, particularly in matters relating to the opposition leader.

If it rejects the review, the government may dig in its heels, potentially leading to a contempt of court scenario, a confrontation that could exacerbate the already tense political climate.

As it stands, the PTI founder remains in Adiala Jail. The Supreme Court had ordered the transfer within two days, but with the review petition now filed, the legal status of that order hangs in the balance. The court will resume hearing the case on September 16.

Quotes Summary:

• Government Plea: “The order suffers from errors of law floating on the surface of the record… If the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief.”
• Justice Shahid Waheed (in court): “The report showed abnormalities in his pulse and heart condition and suggested that some vital organs had been affected.”
• Tariq Afzal Chaudhry (Federal Minister): “The government will implement the Supreme Court’s directives ‘in letter and spirit.’”
• Imran Khan: (Remains in custody; his petition described his condition as deteriorating, necessitating a private physician’s oversight).

Veritas Press Investigative Analysis
Independent journalism examining global affairs, power, diplomacy and accountability.

Source: Veritas Press C.I.C. | Multi-News Agencies