ISLAMABAD – The Supreme Court has returned a review petition filed by Islamabad Chief Commissioner over an interim order concerning the possible transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital, raising an objection over incomplete paper books.
The plea against Imran Khan’s shifting to Shifa International was returned by the court registrar after an objection was raised that the required paper books had not been completed.
The review petition is expected to be refiled after the objections are removed, with some amendments also likely to be made.
The federal government had filed the review petition on Wednesday against the Supreme Court’s August 18 interim order regarding Khan’s transfer to Shifa International Hospital.
The petition was filed by the Islamabad Chief Commissioner through the Advocate General Islamabad.
The petitioner requested the court to recall its August 18 order and allow a review, arguing that the interim order exceeded the court’s jurisdiction and bypassed the prescribed legal procedure for transferring a prisoner to a hospital outside jail.
The petition cited Rule 197 of the Pakistan Prison Rules, 1978, arguing that a formal procedure exists for transferring prisoners to outside hospitals. It stated that prior approval from the Inspector General of Prisons is required for such a transfer, while the government must also be informed immediately.
According to the petition, police are responsible for the security of a prisoner admitted to a hospital outside jail, while medical expenses are borne by the health department.
In case of surgery, the prisoner should be shifted to hospital as close as possible to the scheduled time and returned to the jail hospital at the earliest opportunity after the procedure.
The Chief Commissioner argued that the August 18 order directly affected his constitutional and legal responsibilities even though he had not been made a party to the proceedings.
The petition also maintained that the matter was placed before the Supreme Court for the first time without proper notices being issued to the relevant parties. Citing Article 10-A of the Constitution, it argued that parties must be given an adequate opportunity to be heard under the principles of fair trial and due process.
The petitioner further questioned the medical basis of the interim order, claiming that Khan had been regularly examined by doctors and treated by medical boards. It argued that the court should have sought an expert medical opinion before determining whether there was evidence of any deterioration in Khan’s health.
The Chief Commissioner also challenged the court’s decision to grant Khan’s requests concerning his transfer to Shifa International Hospital, involvement of his personal doctors, communication of his health condition to family members and visitation during treatment.
The review petition requested the Supreme Court to allow the Chief Commissioner to formally pursue the review, recall its August 18 interim order and set it aside on the grounds that it was contrary to established legal principles.
The petition is expected to be filed again after the registrar’s objections are addressed and the proposed amendments are incorporated.
