The Pakistani government has officially challenged a Supreme Court order that mandated the transfer of incarcerated former Prime Minister Imran Khan to a private hospital. A petition filed on Wednesday seeks to overturn the directive, which could significantly impact the legal and medical status of the 73-year-old politician.
Imran Khan has been held in Rawalpindi’s jail since August 2023, following convictions in several legal cases he maintains are politically motivated. On Tuesday, the Supreme Court had ordered authorities to move Khan to the Shifa International Hospital in Islamabad within 48 hours, while also granting him access to his personal physician.
Law Minister Azam Nazeer Tarar criticized the court’s decision in a recorded statement, asserting that the order falls outside the boundaries of the law. The government’s petition argues that transferring a convicted felon to a private facility based on a report that fails to specify an immediate medical necessity would severely undermine the integrity of the national criminal justice system.
The government further warned that failing to recall the interim order could create a precedent, potentially opening a floodgate for other prisoners to seek similar relief that is not supported by current legal frameworks. The petition also highlights that the matter reached the Supreme Court without proper notice to relevant parties, which the government claims violates the right to a fair trial and due process under Article 10A of the Constitution.
According to the government’s filing, Imran Khan was sentenced to three years in prison on August 5, 2023, by an Additional Sessions Judge. His subsequent appeal to the Islamabad High Court was rejected on March 12, leading to the current appeal before the Supreme Court. The government contends that the court should have consulted medical experts before ordering a transfer, noting that Khan has been regularly examined by medical boards during his incarceration.
The petition emphasizes that Rule 197 of the Pakistan Prison Rules of 1978 dictates specific procedures for hospital transfers, including the requirement that prisoners remain under police supervision. It argues that the court failed to follow these established protocols or seek the necessary government and prison authority approvals.
In contrast, Khan’s political party, the Pakistan Tehrik-e-Insaf (PTI), has demanded the immediate implementation of the court’s order. The party, which won the most seats in the 2024 elections as independents after being stripped of its official election symbol, continues to maintain a strong support base despite the ongoing legal challenges against its leader.
Beyond medical care, the Supreme Court had directed authorities to facilitate twice-weekly telephone calls between Khan and his two sons, who reside in London. His younger son, Kasim, expressed hope that the government would comply with the court’s instructions, noting that his father’s health is their primary concern. Kasim and his brother Sulaiman have not visited their father since 2022 due to visa restrictions.
Since his removal from power via a parliamentary no-confidence vote, Khan has faced a barrage of legal accusations, ranging from the mismanagement of state gifts to charges of instigating violence against military installations and an allegedly unlawful marriage. While most of his convictions have been suspended or overturned, several appeals remain active, and he continues to deny all allegations of wrongdoing. The report also notes that tariq Butt, Correspondent / Reuters. The report also notes that who have been calling for him to be given access to healthcare and visitation rights, and also spark public discontent over the treatment of the hugely popular cricketer-turned-politician, the move could dash the hopes of Imran Khan’s party and family. The report also notes that in certain cases, approval from the government and action through the Inspector General of Prisons are required for shifting a prisoner to a hospital, the review argued that. The report also notes that 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, in the instant case. The report also notes that which issue was raised by the law officer present in court, the petition itself raised serious questions as to its maintainability. The report also notes that we hope the government adheres to the court orders…allows calls and issues our visas to Pakistan simply so we can come and see him,” he said in a statement shared with Reuters.