Petition refiled after registrar’s office raised objections to the earlier review plea
ISLAMABAD:
The Islamabad chief commissioner has challenged the Supreme Court’s August 18 order directing the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to a private hospital, arguing that the decision contains apparent legal errors and conflicts with prison rules.
The SC had ordered that Imran be shifted to Shifa International Hospital for treatment for the next few days and directed the government to arrange weekly meetings between him and his family.
In response, the government had filed a review petition before the SC, describing its order as “discriminatory in nature”.
On Thursday, the SC returned the review petition due to an objection that the required paper books had not been completed along with the review plea, according to sources.
In a review petition filed before the Supreme Court, the chief commissioner has requested the court to reconsider its Tuesday order.
The petition argued that transferring a convicted prisoner to a private hospital is contrary to the Pakistan Prison Rules, 1978, which contain no provision for admitting prisoners to private hospitals.
According to the petition, prisoners can be provided medical treatment only at a jail, civil or district headquarters hospital under the applicable rules.
Read: Imran tells sister he is facing ‘severe injustice and torture’
It further argued that transferring a prisoner to a private hospital could increase security risks and the possibility of external influence. The petition also contends that a prisoner’s insistence on being treated by a private doctor of his choice is inconsistent with prison regulations.
The chief commissioner maintained that government doctors available to prisoners are highly experienced professors and internationally recognised specialists in their respective fields.
The review petition also questioned the procedure followed by the Supreme Court, arguing that the Islamabad chief commissioner was neither made a party to the proceedings nor issued a notice before the order was passed.
It contended that deciding the case without hearing the other party violates the right to a fair trial guaranteed under Article 10A of the Constitution.
The petition further argued that the medical board’s report contained no indication that Imran’s condition was critical and that the court should not have reached a decision directly on the basis of the medical report without seeking the opinion of technical experts.
It also maintained that Section 561-A of the Code of Criminal Procedure (CrPC) does not apply to matters concerning jail administration.
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According to the petition, a court hearing a criminal appeal cannot exercise powers that are not expressly provided for under the relevant code.
The petition further argued that a prisoner’s rights regarding movement and meetings are legally restricted during incarceration.
It further contended that allowing Imran to make two international telephone calls a week violates Rule 265 of the Pakistan Prison Rules.
The review plea also challenged the grant of what it described as final relief on an interim basis, arguing that granting the substantive relief sought at the preliminary stage is contrary to established legal principles.
It stated that all four reliefs sought in the case were granted on an interim basis at the initial stage, which it described as premature.
The petition further argued that granting special concessions to one prisoner violates the principle of equal rights under Article 25 of the Constitution.
It also warned that allowing Imran to be treated at a private hospital could encourage other prisoners to make similar demands.
Read More: Imran taken to PIMS instead of Shifa, declared medically fit and returned to Adiala: Tarar
The SC order came after a medical board report and a report by the Adiala Jail Superintendent submitted to the SC on Monday recommended more frequent meetings between Imran and his immediate family and spouse to help manage his blood pressure and anxiety, highlighting concerns over the former premier’s blood pressure.
A three-member bench headed by Justice Shahid Waheed was hearing cases concerning Imran’s access to his sisters and personal physicians, as well as his medical record.
The court further ordered that Imran’s personal physician, Dr Faisal Sultan, be granted access to him and directed the formation of a medical board comprising an eye specialist, a general physician, and a cardiologist along with Dr Sultan.
His sister, Dr Uzma, will also be associated with the newly established medical board, according to the order. The SC directed that Imran’s family bear the cost of his treatment at the hospital.
The court also instructed Imran’s family and lawyers not to share his medical report with the media, with Justice Naeem Akhtar Afghan ordering that the report be kept completely confidential.
