Islamabad, 20 August (H.S.): The Pakistan government has begun efforts to prevent ousted Prime Minister Imran Khan from being moved out of custody after the Supreme Court ordered that he be shifted to Shifa International Hospital in the capital Islamabad. Strongly objecting to the order, the government on Wednesday filed a review petition before the Supreme Court seeking its withdrawal. Imran Khan is currently incarcerated at Adiala Jail in Rawalpindi. Attention is now focused on how the apex court will respond to the review petition.

According to a report in The News, the review petition was filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the Federal Government through the Chief Commissioner. The petition described the interim order as discriminatory and argued that the Supreme Court’s August 18 order was beyond its jurisdiction and required reconsideration.

The review petition stated, “It appears that the Honourable Court’s attention was not drawn to the above-mentioned statutory provision, resulting in an error apparent on the face of the record. Had the Court considered the said provision of law, the order under review could not have been passed. Therefore, the same requires reconsideration.”

According to the federal government’s review petition, an Additional Sessions Judge sentenced Imran Khan to three years in prison on August 5, 2023. He subsequently challenged the conviction before the Islamabad High Court. The petition said Khan had requested to be shifted to Shifa International Hospital for medical treatment, but the Islamabad High Court rejected the request on March 12. He subsequently approached the Supreme Court.

The federal government argued in its review petition that, in certain circumstances, transferring a prisoner to a hospital requires government approval and action through the Inspector General of Prisons. It also maintained that prisoners transferred to hospitals must remain under police supervision. The petition referred to the Pakistan Prison Rules, 1978, which prescribe the procedure for transferring prisoners from jails to hospitals.

The government further argued that Article 10A guarantees the right to a fair trial and due process of law. According to the petition, the matter had come before the Supreme Court for the first time and notices had not been issued to the concerned parties.

The Supreme Court on Tuesday, August 18, had directed that Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan be admitted to Shifa International Hospital within two days and receive treatment there until September 16. The court also ordered the formation of a medical board to examine and treat Khan.

The Supreme Court also permitted Khan’s personal physician and his sister to remain involved in his medical care. The order came amid months of concern expressed by Khan’s family and supporters over his health and allegations that he had not been provided adequate medical treatment. The apex court directed that Khan remain at Shifa International Hospital until the next hearing scheduled for September 16. Parliamentary Affairs Minister Tariq Fazal Chaudhry said the government would implement the Supreme Court’s order in letter and spirit.

The Supreme Court also allowed Khan to meet his family once a week during his hospital stay. The PTI founder has been imprisoned at Adiala Jail in Rawalpindi since August 2023. His supporters have continued to stage protests against his incarceration. His family members and party associates have repeatedly alleged human rights violations, accusing the authorities of denying Khan adequate medical treatment, family visits and access to his legal advisers.

The order issued on Tuesday stated that Dr Uzma and the former prime minister’s personal physician should be present during his examination and treatment at Shifa, with the expenses to be borne by his family.

Authorities were directed to transfer the former prime minister to Shifa Hospital under tight security and complete the necessary arrangements within a few days. However, the Supreme Court warned that any violation of its directions could result in the withdrawal of the facilities being extended to the PTI founder.

The PTI welcomed the Supreme Court’s decision and appealed to party workers not to gather outside Shifa International Hospital.

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Hindusthan Samachar / Jun Sarkar