Government challenges court order
The Pakistani government has formally challenged a Supreme Court order to move jailed former Prime Minister Imran Khan to a private hospital for medical treatment, filing a review petition on Wednesday, a day after the court's ruling. The petition, submitted through the Islamabad chief commissioner's office, seeks to overturn the order that directed prison authorities to transfer the 73-year-old from Rawalpindi's Adiala Jail to Islamabad's Shifa International Hospital within two days.
The petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the federal capital's chief commissioner, terms the interim order "discriminatory" and argues it was "in excess of jurisdiction" and therefore "liable to be reviewed." The plea further states that the order "suffers from errors of law floating on the surface of the record."
The legal challenge centers on Rule 197 of the Pakistan Prison Rules, 1978, which governs the transfer of prisoners to hospitals. The petition contends that this rule had "escaped notice" of the court, and had the court taken note of it, the order could not have been passed. Under Rule 197, government orders for a prisoner's transfer to hospital are obtained through the police inspector general, except in emergency cases where the jail superintendent may act and inform the IG. The rule also specifies that transfers for operations should occur as close as possible to the scheduled time, with the prisoner returned to the prison hospital as soon as convenient.
The petition warns that directing treatment at a private hospital on the basis of a report not showing immediate medical need could "severely disturb the entire criminal justice system."
Government's position
Law Minister Azam Nazeer Tarar, in a video statement issued Tuesday night, said the ruling "does not fall within the four corners of the law," and argued that a convicted prisoner must be treated inside jail or at a public hospital according to law. He said the government would request that Khan's medical tests be conducted at a government hospital. "Until such time as evidence or material is available to show that government hospitals are unable to provide this type of treatment or cannot do so, such arrangements are normally not made," Tarar said.
Information Minister Attaullah Tarar accused Khan's Pakistan Tehreek-e-Insaf (PTI) party of having politicized the health of rivals in the past. However, Parliamentary Affairs Minister Tariq Fazal Chaudhary told the Senate that the government would implement the court order, stating that Prime Minister Shehbaz Sharif had no authority to go against judicial decisions.
Court order details
The Supreme Court's order on Tuesday directed that Khan be moved to Shifa International Hospital within two days and that a medical board of five specialists be formed for his treatment. Khan's sister, Uzma Khan, and his personal physician, Faisal Sultan, were permitted to be involved in his medical examination and treatment. The court also allowed Khan weekly family meetings and phone calls twice a week with his sons in London.
The judges warned against public gatherings within the hospital grounds or using information about Khan's health for political gain, cautioning that breaches could lead to the order being reversed. The next hearing was set for September 16, and the court barred Khan's family, political party, and lawyers from discussing his health publicly until then.
After the court order, Khan's wife, Bushra Bibi, met him with their two children at Adiala jail, and his sister Noreen Niazi also briefly met him.
Political reactions
Senior PTI leader Sheikh Waqas Akram said the contradiction in the government's stand revealed its "hypocrisy" and noted that a review petition does not suspend the court order. PTI leader Zulfi Bukhari said the government's ranks appeared divided over the Supreme Court order and rejected speculation that the ruling was the result of a political deal. "There is no deal between Imran Khan and anyone. This is the Supreme Court's decision, which is very much welcomed," Bukhari said.
Analysts offered differing views on the implications. Raza Rumi, a US-based Pakistani political analyst, said Khan remains PTI's biggest political asset but the party's reliance on him has exposed weaknesses in its leadership and organization. Qamar Cheema, another analyst, said Khan's political future does not look bright and he may have to compromise, while also stating there is no possibility of a deal between the government and Khan.
Legal expert Osama Malik noted that Khan remains a prisoner and the hospital's executive ward would serve as a sub-jail, adding that most ordinary prisoners with far more serious ailments are never allowed such facilities by the courts.
Background
Khan, a former cricket star turned politician, served as Pakistan's prime minister from 2018 until his ouster in a no-confidence vote in April 2022. He has been in jail since August 2023, convicted on a string of charges — including corruption and an unlawful marriage — that he and his party say were politically motivated. Khan and his wife, Bushra Bibi, were sentenced late last year to 17 years in prison for graft; both deny wrongdoing. Some sources describe Khan as serving a 14-year sentence on corruption charges.
Concerns over Khan's health, particularly the vision in his right eye, have driven repeated appeals to the courts by his family and party. He received eye treatment earlier this year, with his family and lawyer saying at the time that he had lost most of the vision in his right eye. PTI says Khan is also suffering from blood pressure fluctuations and anxiety and has been unable to access specialist care. Bukhari said Khan has not been receiving the right medical care in prison and has been kept in complete solitude, which deteriorated his health.
Khan's arrest in early 2023 triggered nationwide protests that led to hundreds of arrests. Despite a crackdown on the party, PTI-backed candidates performed strongly in the February 2024 elections. Khan and his supporters say Pakistan's military is trying to keep him out of politics, an allegation the military denies.
Minister of State for Interior Talal Chaudhry said Khan's cases will be decided by the courts.