BY : ANI Correspondent:
ISLAMABAD — The federal government has filed a review petition in the Supreme Court challenging its August 18 order directing the transfer of former Prime Minister Imran Khan from Adiala Jail to Shifa International Hospital in Islamabad within two days.
The government, through the Advocate General, has challenged the order, arguing that the Supreme Court did not take into consideration Rule 197 of the Pakistan Prison Rules, 1978, which lays down the procedure for transferring convicted prisoners from jail to a hospital. The review petition has reportedly not yet been assigned a case number.
The petition contends that providing treatment to a convicted prisoner at a private hospital could have implications for the wider criminal justice system and may lead to similar demands from other prisoners. It also raises questions regarding equality under Article 25 of the Constitution and the applicability of prison rules.
According to the petition, the Chief Commissioner Islamabad or the relevant department was not formally made a party to the proceedings and the order was issued without prior notice to the concerned parties.
The government has further argued that the interim order effectively granted relief that could amount to final relief at an interim stage. It maintained that the legal question concerning the admissibility of the appeal should have been considered before such an order was issued.
The review petition also refers to Article 10A of the Constitution, which guarantees the right to a fair trial, and describes the alleged disregard of Rule 197 of the Pakistan Prison Rules, 1978 as a legal error.
Meanwhile, PPP Chairman Bilawal Bhutto Zardari has welcomed the Supreme Court’s decision regarding Imran Khan’s transfer to Shifa International Hospital and said his party would not become a party to the government’s review petition.
Political analysts have suggested that statements by federal ministers following the Supreme Court’s verdict indicate that the government may not have anticipated a decision of this nature.
