• Plea calls private hospital transfer ‘discriminatory’; warns order could trigger similar demands from prisoners
• Chief commissioner says Aug 18 order affects constitutional authority; argues move bypassed prison rules
ISLAMABAD: The Islamabad chief commissioner approached the Supreme Court on Saturday seeking an early hearing of a review petition challenging an Aug 18 order that directed the transfer of incarcerated Pakistan Tehreek-i-Insaf founder Imran Khan to Shifa International Hospital.
In the formal application for an expedited hearing, the chief commissioner requested the Supreme Court to schedule the review petition as early as possible.
The plea contended that the administration possessed a direct, substantial and legally protected interest in the matter, emphasising that the directive to move the former prime minister to a private healthcare facility adversely affected its constitutional authority.
Earlier, on Aug 20, the SC Registrar’s Office returned a review petition previously moved by the federal government against the same ruling. The registrar’s office raised procedural objections, stating that the contents of the affidavit and accompanying facts, filed under Article 188 of the Constitution, had not been properly prepared and that one of the petition’s paper books was not in order.
The office instructed authorities to rectify the deficiencies and resubmit the documentation within two weeks.
The review petition contended that the order suffered from a fundamental procedural defect, inasmuch as the procedure, mode and manner prescribed for shifting a convict to a hospital for treatment had been overlooked, rendering the order liable to review.
The contested directives were issued by a three-judge SC bench headed by Justice Shahid Waheed and comprising Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim. The bench had taken up several petitions concerning the former prime minister’s health and family visitation rights and ordered his transfer from prison to the private hospital within two days.
Challenging those directives, the Islamabad chief commissioner argued that the court’s order appeared discriminatory.
The plea maintained that Article 25 guarantees all citizens the fundamental right to equal treatment before the law, noting that constitutional jurisprudence abhors ‘favouritism and preferential treatment’.
It argued that the court directions for the treatment of the convict in a private hospital, particularly when based on a report which did not disclose any condition requiring immediate medical treatment, would severely disturb the entire criminal justice system.
It further argued that other similarly situated convicts would demand identical concessions afforded to the respondent in violation of standard prison regulations.
Consequently, the administration labelled the decision discriminatory because similarly placed prisoners are not granted the liberty.
Filed under Article 188 of the Constitution read with Order 28, Rules 1 and 2 of the Supreme Court of Pakistan Rules 2025, the plea warned that failing to recall the interim directive would open floodgates for other inmates seeking similar relief that cannot legally be granted. The petition argued the order offended the scheme of the Pakistan Prison Rules insofar as it gave directives regarding the admission of the former prime minister to a private hospital.
‘Choreographed drama’
Meanwhile, PTI Secretary General Salman Akram Raja accused the federal government of staging a “completely choreographed drama” and failing to comply with the Supreme Court’s Aug 18 directive.
He said a contempt petition filed by the lawyer of ex-PM’s sister Karamat Bhandari was a legal step and not a political move.
Mr Raja said the order was not implemented as required, alleging that there was neither transfer to Shifa International Hospital nor formation of the proposed medical board. He said the matter would now be decided by the court.
Mr Raja said the proceedings will expose the administrative officials who chose to unilaterally disregard the apex court’s order.
Published in Dawn, August 23rd, 2026
