The Islamabad chief commissioner has challenged the Supreme Court’s Aug 18 order directing the transfer of PTI founder Imran Khan from Adiala Jail to a private hospital, terming the decision discriminatory and contrary to prison rules.
In a review petition filed under Article 188 of the Constitution, the chief commissioner argued that the order undermined the constitutional principle of equal treatment and could encourage other prisoners to seek similar relief.
The petition maintained that Pakistan’s prison rules provide for inmates to receive treatment at jail, civil or district headquarters hospitals when necessary, but do not allow their transfer to private hospitals of their choice.
It further argued that the Supreme Court had overlooked the prescribed legal procedure for shifting prisoners to hospitals and had exercised powers beyond those available to a court hearing a criminal appeal.
The petition warned that allowing Imran’s transfer to a private hospital could disrupt the existing criminal justice and prison system and open the door for other inmates to demand similar treatment.
The Supreme Court had ordered Imran’s transfer to Shifa International Hospital within two days while hearing petitions concerning his health and family meetings. However, the federal government’s earlier review petition against the order was returned by the SC Registrar’s Office over procedural objections.
Meanwhile, Information Minister Attaullah Tarar said Imran was instead taken to Pims for a medical check-up and later returned to Adiala Jail after being declared medically fit.
