{"id":2732,"date":"2026-08-19T17:33:24","date_gmt":"2026-08-19T17:33:24","guid":{"rendered":"https:\/\/diplomag.com.pk\/?p=2732"},"modified":"2026-08-19T17:33:24","modified_gmt":"2026-08-19T17:33:24","slug":"govt-files-review-plea-against-sc-ruling-to-move-imran-to-shifa-international-hospital-terms-it-discriminatory","status":"publish","type":"post","link":"https:\/\/diplomag.com.pk\/index.php\/2026\/08\/19\/govt-files-review-plea-against-sc-ruling-to-move-imran-to-shifa-international-hospital-terms-it-discriminatory\/","title":{"rendered":"Govt files review plea against SC ruling to move Imran to Shifa International Hospital, terms it ‘discriminatory’"},"content":{"rendered":"

ISLAMABAD<\/strong>: The federal government on Wednesday filed a petition in the Supreme Court, seeking a review and recall of the SC order to shift incarcerated former prime minister Imran Khan to Islamabad\u2019s Shifa Inte\u00adrn\u00adati\u00adonal Hospital for medical examination and treatment.<\/p>\n

The government\u2019s review petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the federal capital\u2019s chief commissioner a day after the\u00a0SC\u2019s ruling, termed the interim order \u201cdiscriminatory\u201d.<\/p>\n

The petition, stated that the order was \u201cin excess of jurisdiction\u201d and, therefore, \u201cliable to be reviewed\u201d.<\/p>\n

The plea further stated that the order \u201csuffers from errors of law floating on the surface of the record\u201d.<\/p>\n

It argued that Rule 197 of the Pakistan Prison Rules, 1978, which governs the manner and mode of the transfer of a prisoner to the hospital, had escaped SC\u2019s attention in its ruling on Imran\u2019s hospitalisation.<\/p>\n

\u201cHad the court taken note of the above-noted provision of law, the order under review could not have been passed,\u201d the plea said.<\/p>\n

Elaborating on Rule 197, the plea stated that it explained that government orders for the transfer of a prisoner would be obtained through the police inspector general (IG) in cases wherein a convicted or under-trial prisoner was to be admitted to the hospital for treatment.<\/p>\n

However, in emergency cases, the jail superintendent was authorised to act as if the government sanction had been given, and if he did so, he should immediately inform the IG, the plea added, citing the rule.<\/p>\n

Under the rule, in cases where a prisoner was to be moved to a hospital for an operation, the shifting should take place as close as possible to the time fixed for the operation, and the prisoner should be brought back to the prison hospital \u201cas soon as this can conveniently be done\u201d, the plea said.<\/p>\n

Moreover, it contended that issuing directives for the treatment of a convict at a private hospital, and that too on the basis of a report that did not disclose any condition requiring immediate medical treatment, \u201cwill severely disturb the entire criminal justice system\u201d.<\/p>\n

Here, the mention of a report was a reference to the one\u00a0submitted\u00a0to the SC by the Adiala jail superintendent on Imran\u2019s health, a day before the court\u2019s interim order.<\/p>\n

The petition also cited Article 25 of the Constitution, highlighting that it granted the fundamental right to be treated equally and that the \u201cConstitution abhors discrimination and favouritism\u201d.<\/p>\n

It argued that \u201csimilarly placed convicts will claim the same special treatment afforded to the respondent (Imran) in violation of the prison rules\u201d.<\/p>\n

The SC order, therefore, was \u201cdiscriminatory in nature as similarly placed prisoners have not been afforded the same opportunity of medical treatment at a private hospital of their own choosing\u201d, the petition said.<\/p>\n

\u201cIf the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief, which under the prevalent law, cannot be granted,\u201d it added.<\/p>\n

The plea also highlighted that the petition for Imran\u2019s hospitalisation had the Islamabad district election commissioner nominated as one of the respondents. \u201cBut no notice was issued to him before the order. Thus, the August 18 order is liable to be recalled for being in violation of the principles of natural justice,\u201d it contended.<\/p>\n

Moreover, it highlighted that Article 10-A of the Constitution guaranteed the right to a fair trial and due process.<\/p>\n

\u201cDue process encompasses a fair notice of hearing to both parties. In the present case, the criminal appeal was fixed for the first time, and as such, no notice of hearing has been issued by the bench nor leave to appeal has been granted by the court,\u201d the review petition contended.<\/p>\n

It further argued that the petition for Imran\u2019s hospitalisation \u201citself raised serious questions as to its maintainability\u201d, adding that this matter was also raised by the law officer in the court.<\/p>\n

\u201cYet, the court postponed the serious question as to the maintainability of the petition, and on the basis of a report submitted in a connected matter, formed a prima facie opinion that the report indicated deteriorating health of the respondent, whereas nothing in the report suggested that Imran Khan\u2019s condition was any worse.\u201d<\/p>\n

It argued that the court had even \u201cfailed to appreciate that the respondent has been medically examined regularly and treated by a medical board multiple times, adding that the SC had repeatedly held that the court should not interfere in matters that required a technical and professional skill set as the court lacked such expertise.<\/p>\n

The plea stated that in the given circumstances, the \u201cproper course for the court was to seek advice of the medical expert on the report and thereafter decide if it discloses any worsening of the condition of the respondent\u201d.<\/p>\n

\u201cThere is no gainsaying that Imran Khan is a convict and has to be treated in accordance with law like any other convict,\u201d it asserted.<\/p>\n

The plea said the jurisprudence for the grant of interim relief was well settled: \u201ca court seized of a lis (lawsuit) can only grant relief in the interim that was intermediary, and in no case final relief can be granted at the interim stage\u201d.<\/p>\n

It went on to list the prayers made in the plea for Imran\u2019s hospitalisation, which included him being moved to Shifa International Hospital for eye treatment; access to his personal physicians who may be associated with all the procedures of examination and treatment; family members being informed about his treatment and checkup and being provided access to him at these instances; provision of his medical report\/reports of checkups to his lawyers.<\/p>\n

The government stated in its plea that the SC had accepted all four requests in totality as an interim measure. It contended that SC had decided the lawsuit at the interim stage without any notices being issued to the respondents.<\/p>\n

\u201cThere is nothing left to adjudicate upon. Such a course is unwarranted by the law and has always been frowned upon by the Supreme Court. Therefore, the August 18 order is in violation of the settled principle of law as expounded by the Supreme Court, and accordingly, the same is liable to be set aside,\u201d the petition argued.<\/p>\n

The petition is yet to be fixed for hearing.<\/p>\n

According to Order IV, Rule 28 of the Supreme Court Rules as amended in 2025, the application for a review has to be fixed before the same bench that delivered the judgement \u2014 which in this case would be a three-judge bench headed by Justice Shahid Waheed and comprising Justices Naeem Akhtar Afg\u00ad\u00adhan and Ishtiaq Ibr\u00adahim.<\/p>\n

The rules state that in case the author judge \u2014 Justice Waheed in this case \u2014 recuses or resigns, the application will be heard by a bench comprising one or more judges of the bench that delivered the judgement or order sought to be reviewed.<\/p>\n

After the final disposal of the application for review, no subsequent application for a review on the same issue can be filed to the court, and the court registry will not accept any such plea, according to the rules.<\/p>\n

Meanwhile, in a separate development, Dr Uzma Khan, the sister of Imran, submitted an additional document before the SC, largely comprising media reports and other material.<\/p>\n

The document included reports on how Maryam Nawaz had moved a petition before the Lahore High Court (LHC) seeking permission to visit Nawaz Sharif, who was then incarcerated at Kot Lakhpat Jail in Lahore; the LHC\u2019s admission of a PML-N plea challenging Nawaz\u2019s travel restrictions; Nawaz\u2019s departure from Lahore for London in an air ambulance; letters from various international cricketers seeking better conditions for Imran; a UN human rights report regarding Imran\u2019s confinement; UK parliamentary proceedings expressing concern over Imran\u2019s health; media reports about alarm over his health in the UK Parliament; and NAB court orders regarding his examination by private doctors.<\/p>\n

The Supreme Court will resume hearing the petitions seeking to shift Imran to Shifa Hospital on Sept 16.<\/p>\n

Ministers ask PTI not to politicise Imran\u2019s health<\/h2>\n

The review plea was filed as Information Minister Attaullah Tarar and Minister of State for Interior Tallal Chaudhry appeared on television screens and reiterated the government\u2019s intention to move the SC against its order.<\/p>\n

In the televised address, Tarar said medical treatment was a prisoner\u2019s right but the government intended to file a review petition regarding Imran\u2019s treatment at a private hospital.<\/p>\n

It was important to clarify whether all prisoners should be provided similar facilities, he said.<\/p>\n

Tarar also stressed that health issues should remain separate from politics, adding, \u201cWe have always tried not to politicise this.\u201d<\/p>\n

He then went on to slam the PTI for having previously \u201ctaunted\u201d the PML-N when it was in the opposition over the health of its leadership.<\/p>\n

\u201cYou have never, one single day, heard us say anything regarding (Imran\u2019s) illness,\u201d Tarar asserted, adding that the government would continue to fulfill its responsibility.<\/p>\n

Chaudhry made similar remarks, saying that the government had been saying all along that none of PTI\u2019s demand could be fulfilled by \u201carm twisting, any threats, dictation, blocking roads, holding rallies or attacking people\u201d.<\/p>\n

He said the government\u2019s stance had been that the decisions regarding the PTI\u2019s demands could only be taken in accordance with the jail manual and court orders.<\/p>\n

Chaudhry reinforced the information minister\u2019s point regarding the PTI\u2019s behaviour towards the health issues of the PML-N leadership and challenged the opposition party to give an example of anyone in the PML-N \u2014 from the prime minister to any political worker \u2014 who had publicised Imran\u2019s reports.<\/p>\n

The state minister pointed out that the court had barred the PTI from politics surrounding the court order.<\/p>\n

\u201cIt (court) knew they would do that,\u201d he said, adding that after the events of Nov 26 and May 9 protests they \u201conly have one weapon: the sympathy card\u201d.<\/p>\n

He commented that he believed any young person\u2019s reports in Pakistan would be similar to those of Imran\u2019s submitted to the court the previous day<\/p>\n

Chaudhry also referred to speculation that Imran may \u201cfirst go to hospital, then to Bani Gala and Nathia Gali\u201d.<\/p>\n

\u201cHe will return to the place he came from,\u201d he added.<\/p>\n

Concluding his address, he asked the PTI not to make Imran\u2019s health a part of their political agenda.<\/p>\n

The interim order<\/h2>\n

In its interim order on Tuesday, the SC directed the government to shift Imran to Shifa Inte\u00adrn\u00adati\u00adonal Hospital within two days for examination and treatment by a multidisciplinary medical board.<\/p>\n

The court also allowed his personal physician and sister to remain associated with his medical care and directed authorities to facilitate regular family contact.<\/p>\n

The court said the directions were being issued as an interim arrangement, without prejudice to the rights and contentions of the parties, and must be complied with by the government, its officers and agencies \u201cin letter and spirit\u201d until the next hearing on September 16.<\/p>\n

It further directed the government to place before it Imran\u2019s complete medical record from the date of his arrest, including tests, reports, prescriptions, medical opinions and details of treatment administered to him.<\/p>\n

The authorities were also asked to provide details of meetings held during the preceding three months between Imran and his family members and lawyers, as well as complete details of cases in which he was accused, arrested, facing trial or had been convicted and sentenced.<\/p>\n

The court directed authorities to facilitate meetings between Imran and his family once a week and allow him to speak to his sons by telephone twice a week.<\/p>\n

Until the next hearing, Imran\u2019s family members, PTI members and lawyers associated with him have been barred from disclosing his health condition or medical reports to the media or public.<\/p>\n

The court also directed the PTI and Imran\u2019s family to ensure that no public gathering took place on the hospital premises and ordered that his medical reports or information concerning his health should not be used for political purposes.<\/p>\n

It warned that non-compliance could lead to withdrawal of facilities granted under the order.<\/p>\n

The government was also directed to make adequate security arrangements during Imran\u2019s stay at the hospital.<\/p>\n

Hours after the court order, Law Minister Azam Nazeer Tarar\u00a0said\u00a0in a video statement that the government would ask the SC to make \u201csuitable modifications\u201d to its order regarding Imran Khan\u2019s health, including shifting him to a government hospital for treatment instead of a private facility.<\/p>\n

The order was issued on a set of pleas filed by the PTI,\u00a0Imran himself, and his family, seeking the former premier\u2019s transfer to Shifa Inter\u00adnational Hospital, access to personal physicians, family and counsel and the disclosure of his medical details.<\/p>\n

It came a day after the superintendent of the Adiala jail \u2014 where Imran has been imprisoned since Aug 2023 \u2014\u00a0submitted\u00a0a report to the SC on the ex-premier\u2019s health condition.<\/p>\n

In the report, the jail administration said adequate healthcare facilities were being provided to Imran and medical officers visited him thrice a day, checking his meals and recording his blood pressure, heart rate and oxygen saturation.<\/p>\n

However, an annexure to the report stated that Dr Akhtar Ali Bandeshah of the Pakistan Institute of Medical Sciences (Pims) examined him on Aug 1 and noted complaints of uncontrolled and fluctuating blood pressure, palpitations, headache and restlessness. The ex-premier had attributed his symptoms and stress partly to infrequent meetings with his wife, family and social contacts, as well as the absence of newspapers and TV.<\/p>\n

The doctor recommended measures to reduce mental stress, including more frequent meetings with his wife and access to reading material. He also recommended a CT coronary angiography and an increase in BP medication, noting that the 74-year-old PTI leader faced a risk of complications.<\/p>\n

On August 10, a medical board comprising Pims specialists examined him after he complained of heaviness in the head and palpitations, the SC was informed. It recommended a one-hour daily walk and relaxation in his prison routine, besides access to newspapers, magazines, television and books.<\/p>\n

The board also recommended more frequent interaction with immediate family members or his spouse, saying this could help control his anxiety and blood pressure.<\/p>\n

Imran\u2019s health has turned out to be a sticking point between the government and the opposition PTI in recent months, with Imran having been taken to Pims for treatment multiple times after his\u00a0eye ailment\u00a0\u2014 right central retinal vein occlusion (CRVO) \u2014\u00a0came to light\u00a0in late January.<\/p>\n

The PTI and the government have been engaged in a\u00a0blame game, with the latter\u00a0accusing\u00a0the former of a lack of transparency in not ensuring appropriate treatment for Imran.<\/p>\n

The jail authorities said in their report that his vision had almost returned to normal after intervention by senior ophthalmologists.<\/p>\n","protected":false},"excerpt":{"rendered":"

ISLAMABAD: The federal government on Wednesday filed a petition in the Supreme Court, seeking a review and recall of the SC order to shift incarcerated former prime minister Imran Khan to Islamabad\u2019s Shifa Inte\u00adrn\u00adati\u00adonal Hospital for medical examination and treatment. The government\u2019s review petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of […]<\/p>\n","protected":false},"author":3,"featured_media":2694,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[102],"tags":[],"class_list":["post-2732","post","type-post","status-publish","format-standard","has-post-thumbnail","category-pakistan"],"yoast_head":"\nGovt files review plea against SC ruling to move Imran to Shifa International Hospital, terms it 'discriminatory' - Diplomag<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/diplomag.com.pk\/index.php\/2026\/08\/19\/govt-files-review-plea-against-sc-ruling-to-move-imran-to-shifa-international-hospital-terms-it-discriminatory\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Govt files review plea against SC ruling to move Imran to Shifa International Hospital, terms it 'discriminatory' - Diplomag\" \/>\n<meta property=\"og:description\" content=\"ISLAMABAD: The federal government on Wednesday filed a petition in the Supreme Court, seeking a review and recall of the SC order to shift incarcerated former prime minister Imran Khan to Islamabad\u2019s Shifa Inte\u00adrn\u00adati\u00adonal Hospital for medical examination and treatment. 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