The Supreme Court has dismissed the government’s review petition that challenged the ruling concerning Imran Khan’s transfer to a hospital, following objections raised by the Registrar’s Office.
Sources indicate that the Registrar’s Office of the Supreme Court had flagged issues with the government’s review petition the previous day.
One of the objections noted was that the petition was submitted without the necessary complete paper books. The government is anticipated to resubmit the review petition after resolving these issues.
The petition was filed a day earlier by the chief commissioner of Islamabad through the advocate general of Islamabad, requesting a review of the Supreme Court’s interim order from August 18.
The government contended that the order mandating Imran Khan’s transfer to the hospital exceeded the court’s jurisdiction and thus warranted reconsideration.
As stated in the petition, Imran Khan received a three-year prison sentence from an additional sessions judge on August 5, 2023. He subsequently appealed the conviction to the Islamabad High Court.
During the legal proceedings, Imran Khan requested permission under Section 561-A of the Code of Criminal Procedure to be moved to Shifa International Hospital for medical treatment. However, the Islamabad High Court denied this request on March 12, 2026, leading to an appeal to the Supreme Court.
The federal government argued that the law mandates government approval and action via the Inspector General of Prisons in specific instances where a prisoner requires medical treatment outside of jail.
Additionally, it asserted that prisoners who are transferred to hospitals must remain under police supervision.
The petition referenced Rule 197 of the Pakistan Prison Rules 1978, which outlines the procedure for transferring a prisoner from jail to a hospital.
Moreover, the government cited Article 10-A of the Constitution, which ensures the right to a fair trial and due process.
It asserted that this issue was presented to the Supreme Court for the first time and that appropriate notifications had not been sent to the concerned parties prior to the issuance of the interim order.
The petition also mentioned that Imran Khan had undergone regular medical evaluations during his incarceration and had been treated by medical boards on multiple occasions.
The government contended that the court ought to have sought the advice of medical professionals before concluding whether the health of the PTI founder had genuinely declined to a level that justified his transfer to a private hospital.