Islamabad chief commissioner again moves SC against ‘discriminatory’ order to shift Imran to private hospital

The Islamabad chief commissioner has once again approached the Supreme Court, contending that the decision to transfer imprisoned PTI founder Imran Khan to a private hospital was discriminatory. Imran Khan, serving a 14-year sentence for a corruption case, has been imprisoned since August 5, 2023. His health has deteriorated during his imprisonment, leading to concerns from party members.

A three-judge SC bench, led by Justice Shahid Waheed, ordered Imran's transfer to Shifa International Hospital within two days after hearing several petitions concerning his health and family meetings. However, on August 20, the SC Registrar's office returned a review petition moved by the federal government, arguing that the August 18 order contained procedural defects and that the review petition under Article 188 of the Constitution was not properly drawn.

The petition argues that the August 18 judgment was flawed, as it failed to follow the prescribed procedure for moving a convict to a hospital for treatment, making the order reviewable. The chief commissioner filed a review petition under Article 188, contending that the August 18 order was discriminatory, as similarly situated prisoners were not granted the same special treatment.

The court's directions to move Imran to a private hospital, especially in the absence of a condition requiring immediate medical attention, could severely disrupt the criminal justice system and set a precedent for other prisoners to seek similar relief. The petition argues that the prison rules strictly regulate inmates' lives and affairs, and that the rules do not recognize the concept of engaging with private hospitals.

The review petition further contends that the inherent power conferred by Section 561-A of the Criminal Procedure Code cannot be used to bypass alternate remedies under the Prisons Act, 1894, the Prisoners' Act, 1900, and the Pakistan Prison Rules, 1978.