The federal government has challenged the Supreme Court’s interim order allowing Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to be shifted from prison to Shifa International Hospital, arguing that the court exceeded its lawful authority in granting the relief.
The government filed a review petition against the Supreme Court’s interim directive, maintaining that the treatment and transfer of prisoners are governed by a clearly defined legal framework under the Pakistan Prison Rules, 1978. According to the petition, these rules establish procedures for providing medical treatment to inmates and specify the circumstances under which a prisoner may be transferred to a hospital.
The federal government argued that the existing prison laws allow a prisoner to be shifted, when medically necessary, to a government civil hospital or a district headquarters hospital. However, it maintained that there is no provision in the applicable law that gives prisoners an automatic right to be transferred to a private hospital of their choice.
The petition further stated that neither the Pakistan Prison Rules nor the Prisons Act provides a prisoner with a legal right to select a private doctor for medical treatment. The government therefore contended that any decision regarding a prisoner’s medical care must be made in accordance with the procedures and authorities established under prison law.
The government’s position is that the Supreme Court’s interim order effectively went beyond the powers available under the relevant legal framework. It argued that courts should not create or extend rights that are not provided for in legislation or prison rules, particularly in matters concerning the administration and management of prisoners.
The review petition comes amid continued attention to Imran Khan’s health and medical treatment while he remains incarcerated. His supporters and legal team have repeatedly raised concerns about his medical condition and have sought greater access to doctors and medical facilities outside the prison system.
The government, however, has maintained that prisoners’ medical treatment must follow the rules applicable to all inmates. It argues that allowing a prisoner to be transferred to a privately selected hospital or treated by a personally chosen doctor without following the prescribed procedure could undermine the existing prison administration system.
At the heart of the legal dispute is the question of how far the courts can intervene in decisions concerning the medical treatment of an incarcerated person. While courts have the authority to protect prisoners’ constitutional and legal rights, the government argues that such intervention must remain within the limits established by law.
The government has therefore asked the Supreme Court to reconsider its interim order concerning Imran Khan’s proposed transfer to Shifa International Hospital. It maintains that the relevant prison rules already provide a mechanism for dealing with medical emergencies and serious health conditions and that those procedures should be followed.
The case could have broader implications beyond Imran Khan. A ruling clarifying whether prisoners can seek treatment at private hospitals or choose their own doctors could affect the way medical treatment is provided to inmates across Pakistan.
For now, the government’s review petition challenges the legal basis of the interim order, while Imran Khan’s legal team is expected to continue seeking medical treatment that it considers appropriate for him. The Supreme Court will ultimately determine whether its earlier direction should be maintained, modified, or withdrawn in light of the government’s objections.
About The Author
