The federal government on Wednesday moved the Supreme Court (SC) to review its ruling directing the transfer of incarcerated former prime minister (PM) Imran Khan to Shifa International Hospital in Islamabad for medical examination and treatment.
The review petition was filed through the Islamabad chief commissioner, a day after the top court issued an interim order requiring Adiala Jail authorities to move Khan to the hospital.
The government argued that the August 18 order was issued in excess of the court’s jurisdiction and should therefore be reviewed.
The petition came a day after Law Minister Azam Nazeer Tarar said that the government would challenge the decision. He argued that prison rules required prisoners to be treated at government hospitals unless a medical board determined that the required treatment was unavailable there.
In its petition, the government said the transfer of a prisoner to a hospital in certain circumstances required approval from the government and action through the Inspector General of Prisons.
It added that prisoners receiving treatment outside jail were required to remain under police supervision.
The petition on Wednesday referred to Rule 197 of the Pakistan Prison Rules, 1978, which sets out the procedure for transferring prisoners from jail to hospital. The government also cited Article 10-A of the Constitution, which guarantees the right to a fair trial and due process of law.
It said the matter had come before the apex court for the first time without notices being issued to the relevant parties.
The petition further maintained that Khan had undergone regular medical examinations and had previously received treatment from medical boards.
The government argued that the court should have obtained the opinion of medical experts before ordering his transfer on health grounds.
