Supreme Court has returned a review petition filed by the Islamabad Chief Commissioner against the proposed transfer of PTI founder Imran Khan to Shifa International Hospital.
The petition was returned after the Supreme Court Registrar’s Office raised objections to it. The objections were raised over the review petition’s incomplete paper books.
The Registrar’s Office had raised the objections to the petition a day earlier, citing the failure to submit complete paper books along with the review petition.
Yesterday, the Supreme Court’s order regarding the transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital for treatment was challenged in the superior court.
The review petition was filed by Chief Commissioner Islamabad on Wednesday.
Rana Sanaullah reacts to Supreme Court order
Prime Minister’s Adviser Rana Sanaullah has said the government will comply with the Supreme Court’s order regarding the transfer of PTI founder Imran Khan to Shifa Hospital.
Speaking to ARY News, Rana Sanaullah said the government respects the Supreme Court and will implement every decision issued by the court.
He said there was no reason for the government not to comply with the ruling, saying that it was a decision of the court and not the outcome of any political process.
Rana Sanaullah reiterated that the government would respect the Supreme Court order and take action accordingly.
Supreme Court orders Imran Khan’s Shifa Hospital transfer
On Tuesday, the Supreme Court had ordered Imran Khan’s immediate transfer to Shifa International Hospital for medical treatment.
The petition argues that the court’s order ignored the prescribed procedure for transferring a prisoner to a hospital under the Pakistan Prison Rules, 1978.
According to the petition, Rule 197 of the Pakistan Prison Rules, 1978 clearly lays down the procedure for transferring a prisoner to a hospital. However, the petitioner contends that the Supreme Court’s order issued the previous day departed from these rules, amounting to a significant legal flaw on the record.
The petition states that Article 10-A of the Constitution guarantees the right to a fair trial, but an interim order was issued in the case without serving notices on the relevant parties. It further argues that the court granted unilateral interim relief without first deciding the important legal question regarding the maintainability of the petition.
The petitioner also maintains that relief of a final nature cannot be granted at an interim stage. According to the petition, by accepting all the prayers and requests at the interim stage, the court effectively resolved the core issue of the case, which it says is contrary to principles already established by the Supreme Court.
The petition also refers to Article 25 of the Constitution, which guarantees equality before the law. It argues that allowing a convicted prisoner to receive treatment at a private hospital could have broader implications for the criminal justice system and could open the door for similar demands from other prisoners.
It further states that the Chief Commissioner Islamabad and other relevant departments were not formally made parties to the case and were not given proper notice before the order was issued.
The petitioner has argued that the court’s order is contrary to the principles of natural justice and fairness.
Read more: Supreme Court directs Imran Khan’s immediate transfer to Shifa Hospital