Government argues Supreme Court order on Khan’s transfer ‘beyond jurisdiction’

In its legal challenge, the government is reportedly arguing that the Supreme Court's interim order for the transfer was "beyond its jurisdiction".

The debate over the medical treatment of incarcerated political figures has been highlighted by past precedents, as the government challenges a Supreme Court order for PTI founder Imran Khan. Previously, other prominent leaders have received medical care outside of prison facilities.

Former Prime Minister Nawaz Sharif, while serving a jail term in 2018, was moved from Adiala jail to the Pakistan Institute of Medical Sciences (PIMS) in Islamabad due to cardiac complications. In 2019, he was granted permission to travel to London for medical treatment.

Similarly, former President Pervez Musharraf was taken to the Armed Forces Institute of Cardiology in 2014. In 2016, he was permitted to travel to Dubai for medical reasons and remained there until his passing in 2023.

In response to the government's legal challenge, PTI Chairman Barrister Gohar Khan has reportedly made sarcastic remarks regarding the federal government's review petition against the Supreme Court's order.

In its review petition filed in the Supreme Court, the federal government has argued that the order to transfer Imran Khan to a private hospital is “discriminatory” and was issued “in excess of jurisdiction”.

The plea, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the capital's chief commissioner, contends that the order contains “errors of law floating on the surface of the record”.

It specifically states that the court did not consider Rule 197 of the Pakistan Prison Rules, 1978, which outlines the established procedure for transferring a prisoner to a hospital. The government's petition details this rule, explaining that it requires government orders through the police inspector general for such transfers, except in emergencies where the jail superintendent can act with immediate effect.

The government further argued that directing treatment at a private hospital, based on a report that did not indicate a need for immediate medical intervention, could “severely disturb the entire criminal justice system”.

The federal government has formally filed a review petition in the Supreme Court challenging the court's August 18 interim order to transfer PTI founder Imran Khan to a private hospital for a medical examination. The petition was filed by the Chief Commissioner of Islamabad through the Advocate General.

The petition argues that the Supreme Court's order exceeds its jurisdiction and requires review. It references that the Islamabad High Court had already rejected a similar request on March 12, 2026. The government's plea cites Pakistan Prison Rules 1978, stating that a clear legal procedure exists for transferring a prisoner to an external hospital, which involves government approval and police supervision.

The petition contends that the court should have considered expert medical opinion before issuing the directive. It requests the Supreme Court to review and withdraw its order for the hospital transfer.

The federal government has formally filed a review petition in the Supreme Court against its order to transfer PTI founder Imran Khan to a private hospital for a medical examination.

The petition was filed by the Chief Commissioner of Islamabad through the Advocate General. It argues that the court's order to move Khan to Shifa International Hospital exceeds its jurisdiction and should be reviewed.

The federal government has decided to file a review appeal in the Supreme Court against its order concerning a private medical examination for PTI founder Imran Khan. Law Minister Azam Nazeer Tarar confirmed the government's intention to approach the court on the matter.

The federal government is reportedly reviewing its decision to challenge a Supreme Court order regarding PTI founder Imran Khan's medical treatment at Shifa Hospital, according to available reports on August 19.

Khyber Pakhtunkhwa's Information Minister, Shafi Jan, has questioned the federal government's decision to challenge the Supreme Court's order regarding the medical examination of PTI founder Imran Khan. In a statement, Jan described the court's decision as "based on justice" by an "independent judiciary" and questioned what objection the government could have to a ruling based on merit.

He affirmed that the assurances given to the court would be honoured. The minister also noted that a planned protest for September 27 remains on schedule, with the party leadership set to consult allies on the future course of action.