Govt files review plea against SC order to shift Imran Khan to private hospital

Govt files review plea against SC order to shift Imran Khan to private hospital.

Key points

• According to The petition further, imran Khan was sentenced to three years in prison by an Extra Sessions Judge on August 5, 2023.
• Imran, 73, has remained in prison since August 2023 after convictions he and his party describe as politically motivated.
• Article 10A of the Constitution of the Islamic Republic of Pakistan guarantees the right to a fair trial and due process.
• The petition was filed by the Islamabad chief commissioner through the advocate general for the Islamabad Capital Territory (ICT).
• Petition contends SC August 18 interim order exceeds court's jurisdiction and should be reviewed.

Petition contends SC August 18 interim order exceeds court's jurisdiction and should be reviewed. Islamabad chief commissioner files plea through advocate general. Petition notes relevant parties were not issued notices by SC. PTI urges workers to fully respect Supreme Court's directives.

ISLAMABAD: The federal administration on Wednesday filed a review petition in the Supreme Court against its decision to transfer jailed Pakistan Tehreek-e-Pakistan (PTI) founder Imran Khan to Shifa International Hospital.

For context, the petition was filed by the Islamabad chief commissioner through the advocate general for the Islamabad Capital Territory (ICT).

Notably, the development comes a day after the SC ordered Adiala jail authorities to transfer the PTI founder to Shifa hospital for medical assessment and treatment within two days.

Imran, 73, has remained in prison since August 2023 after convictions he and his party describe as politically motivated. Since his ouster in April 2022 after a no-confidence vote, he has faced multiple legal cases.

Notably, a day ago, Law Minister Azam Nazeer Tarar remarked that the federal administration will challenge the Supreme Court decision that ordered authorities to move jailed former PM Imran to a ‌private hospital.

In the petition filed today, the federal administration stated the Supreme Court's August 18 interim order directing that Imran Khan be transferred to a private hospital exceeded the court's jurisdiction and should be reviewed.

"It seems the above statutory provision escaped notice of the Honourable Court, thereby resulting in an error which is floating on the surface of the record. Had the Court taken note of the above-noted provision of law, the order under review could not have been passed. The same, therefore, merits to be reviewed, " the petition contended.

According to The petition further, imran Khan was sentenced to three years in prison by an Extra Sessions Judge on August 5, 2023. He afterwards filed an appeal against the sentence before the Islamabad High Court (IHC).

After which an appeal was filed before the top court, the plea maintained that the former premier requested to be shifted to Shifa International Hospital for treatment, but the IHC rejected the request on March 12.

In the plea, the federal administration argued that, in certain cases, approval from the administration and action through the Inspector General of Prisons are required for shifting a prisoner to a hospital.

It continued that prisoners transferred to hospitals must remain under police supervision. The petition additionally referred to Rule 197 of the Pakistan Prison Rules, 1978. It sets out the procedure for transferring a prisoner from jail to a hospital.

In practice, the administration further argued that Article 10A provides the right to a fair trial and due process of law.

According to the petition, the matter came before the Supreme Court for the first time, and notices were not issued to the relevant parties.

" Article 10A of the Constitution of the Islamic Republic of Pakistan guarantees the right to a fair trial and due process. Due process encompasses fair notice of hearing to both the parties. In the instant 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. The petition itself raised serious questions as to its maintainability. It matter was raised by the law officer present in court, " it went on.

For context, the petition read that Imran had been regularly medically examined previously and had received treatment from medical boards on a number of occasions.

It further argued that the court should have sought the opinion of medical experts before deciding on his transfer on health grounds.

In the SC order published on Tuesday, the court additionally ordered the constitution of a medical board to assess and treat Khan. It additionally ordered that Dr Uzma and the former premier's personal physician be present during his medical assessment and treatment, with his family to bear the expenses.

Authorities were directed to transfer the ex-premier to the hospital under tight security and complete the necessary arrangements within a few days.

Meanwhile, the court, nevertheless, cautioned that any violation of its directions could result in the withdrawal of facilities being provided to the PTI founder.

After the ruling, the Pakistan Tehreek-e-Insaf (PTI) welcomed the SC's order and called on party workers to avoid gathering outside the medical facility. Nullah Lai faces flood risk against the backdrop of heavy rains in Rawalpindi, Islamabad. 'What Imran gets was under discussion for months'. Pakistan extends airspace ban on Indian aircraft until Sept 24. Heavy rain lashes Islamabad, Rawalpindi as flood-warning sirens wail.

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In short, govt files review plea against SC order to shift Imran Khan to is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.