ISLAMABAD, Aug 21 (Alliance News): The Islamabad chief commissioner has challenged the Supreme Court’s decision allowing the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to a private hospital, arguing that the order was based on clear legal errors and overlooked provisions of the Pakistan Prison Rules 1978.
The review petition was filed against the Supreme Court’s August 18 order directing authorities to transfer the former prime minister from Adiala Jail to Shifa International Hospital. The court had also ordered that Imran be allowed to meet his sister and personal physician.
Imran Khan, 73, has remained in prison since August 2023 after being convicted in several cases. He and his party have repeatedly described the cases against him as politically motivated.
Private hospital transfer challenged
The chief commissioner’s review petition argues that the Pakistan Prison Rules 1978 do not provide for the admission of a prisoner to a private hospital.
According to the plea, prisoners can be treated at a jail hospital or government-run civil or district headquarters hospitals under the applicable rules. It maintains that transferring a prisoner to a private medical facility would go beyond the procedure prescribed under prison laws.
The petition further argues that allowing a prisoner to receive treatment at a private hospital could create additional security challenges and increase the possibility of outside influence.
Authorities have also raised concerns about maintaining adequate security arrangements around a private medical facility, particularly in the case of a high-profile prisoner such as Imran Khan.
Authorities question private doctors’ access
The review plea also challenges the demand for access to Imran’s personal doctors, arguing that prison rules do not provide an unrestricted right for a prisoner to insist on treatment from a private doctor of his choice.
It states that government hospitals have experienced medical professionals, including professors and specialists with recognised expertise, who can provide treatment to prisoners.
The petition therefore questions the legal basis for directing authorities to arrange treatment through a particular private hospital or personal physician.
Chief commissioner says he was not heard
Another major objection raised in the review petition concerns the manner in which the Supreme Court issued its order.
The Islamabad chief commissioner argues that he was not made a party to the proceedings and was not issued a notice before the order concerning the administration and transfer of a prisoner under his jurisdiction.
The plea maintains that deciding the matter without hearing the concerned authority was contrary to the constitutional guarantee of fair trial and due process under Article 10-A.
According to the petition, the court should have heard the authorities responsible for prison administration and security before issuing directions concerning the transfer of a high-profile prisoner.
Medical condition also questioned
The review petition further challenges the reliance placed on the medical board’s report.
It argues that the report did not establish that Imran Khan’s condition was critical or that he required immediate treatment at a private hospital.
The chief commissioner contends that the court should have sought the opinion of relevant technical and medical experts before making a direct determination regarding the appropriate facility for the prisoner’s treatment.
The plea argues that the medical evidence should have been examined within the framework of the applicable prison laws and procedures.
CrPC powers questioned
The review petition also raises an objection concerning Section 561-A of the Code of Criminal Procedure (CrPC).
It argues that the provision does not apply to matters relating to jail administration and that a court hearing a criminal appeal cannot exercise powers that have not been specifically granted under the CrPC.
According to the petition, the Supreme Court’s order therefore requires reconsideration because it allegedly extended judicial powers beyond the relevant legal framework.
Meetings and telephone calls
The chief commissioner has also challenged directions concerning Imran Khan’s meetings and communication facilities.
The petition states that prisoners’ movement and meetings are regulated by law during incarceration and cannot be granted outside the prescribed framework without proper legal authority.
It further argues that allowing a prisoner two foreign telephone calls per week would be inconsistent with Rule 265 of the Pakistan Prison Rules.
The plea maintains that such facilities should be provided according to the rules applicable to prisoners rather than through special directions for an individual inmate.
Equal treatment of prisoners
The review petition also invokes the constitutional principle of equality.
It argues that granting special concessions to one prisoner could raise questions under Article 25 of the Constitution, which guarantees equality before the law and equal protection of the law.
The petition warns that allowing Imran Khan to be transferred to a private hospital could lead other prisoners to seek similar treatment and create difficulties for prison authorities in applying the rules uniformly.
Interim relief also challenged
The chief commissioner has additionally challenged the nature of the relief granted by the Supreme Court.
The petition argues that the order effectively granted the final relief sought by the petitioner at an interim stage of the proceedings.
According to the plea, established legal principles generally require courts to avoid granting final or irreversible relief at an interim stage unless exceptional circumstances justify such action.
The review petition therefore asks the Supreme Court to reconsider its August 18 order in light of the legal and procedural objections raised by the Islamabad administration.
The case comes amid heightened security arrangements surrounding Imran Khan’s possible transfer and continued political debate over his treatment, medical access and prison rights.
