Imran Khan’s transfer order: Government withdraws review petition

ISLAMABAD: The government has withdrawn its review petition in the Supreme Court (SC) concerning the transfer of former prime minister and PTI founder Imran Khan to hospital, sources said, after objections were raised on the plea. A fresh, amended petition with additional submissions will be filed shortly, according to sources.

The federal government on Wednesday had filed a petition in the SC seeking a review and recall of its order. The SC, in its interim order on Tuesday, directed the government to move Khan to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board. It also allowed his personal physician and sister to remain part of his medical care and directed authorities to ensure regular contact with his family. Filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the capital’s chief commissioner, the petition called the interim order “discriminatory” and “in excess of jurisdiction.”

The plea argued that the court had overlooked Rule 197 of the Pakistan Prison Rules, 1978, which governs how prisoners are transferred to hospitals, and said that had the rule been considered, the order “could not have been passed.” It contended that ordering treatment at a private hospital, based on a report that did not disclose any condition requiring immediate care, would “severely disturb the entire criminal justice system,” and cited Article 25 of the Constitution to argue the order was discriminatory since similarly placed prisoners weren’t offered the same treatment, warning it could “open a floodgate” of similar claims.

The petition also argued the order violated natural justice, since no notice was issued to the Islamabad district election commissioner, a named respondent, before the ruling, and said it breached the right to fair trial under Article 10-A since no hearing notice was issued nor leave to appeal granted. It further contended the court had granted final relief at the interim stage without adequately assessing whether Imran Khan’s condition had genuinely worsened, arguing the court should have sought medical expert advice instead.

The petition is yet to be fixed for hearing; under Supreme Court rules, it must go before the same three-judge bench headed by Justice Shahid Waheed that issued the original order.

Separately, Imran Khan’s sister Dr Uzma Khan submitted additional documents to the court, including media reports on Nawaz Sharif’s past hospital travel arrangements, letters from cricketers, a UN human rights report, and UK parliamentary proceedings expressing concern over Imran’s health. The case resumes on September 16.