The Supreme Court (SC) on Thursday returned a review petition filed by the federal government against its Aug 18 order for shifting incarcerated PTI founder Imran Khan to Shifa International Hospital. The SC registrar’s office returned the petition, citing incomplete paper books as the reason.Sources said the Supreme Court Registrar’s Office had raised objections to the government’s review petition a day earlier.

They said one of the objections concerned the petition being submitted without complete paper books. The government is expected to refile the review petition after addressing the objections.A day earlier, the petition was filed by the Islamabad chief commissioner through the Islamabad advocate general, seeking a review of the Supreme Court’s August 18 interim order.  The government argued that the order directing Imran Khan’s transfer to the hospital went beyond the court’s jurisdiction and therefore required reconsideration. 

According to the petition, Imran Khan was sentenced to three years in prison by an additional sessions judge on August 5, 2023. He later filed an appeal against the conviction before the Islamabad High Court. During the proceedings, Imran Khan sought permission under Section 561-A of the Code of Criminal Procedure to be transferred to Shifa International Hospital for treatment. The Islamabad High Court rejected the request on March 12, 2026, after which an appeal was filed before the Supreme Court. 

The federal government contended that the law requires government approval and action through the Inspector General of Prisons in certain cases where a prisoner is to be taken outside the jail for medical treatment. It further argued that prisoners transferred to hospitals are required to remain under police supervision. The petition cited Rule 197 of the Pakistan Prison Rules 1978, stating that the law clearly lays down the procedure for transferring a prisoner from jail to a hospital.

The government also invoked Article 10-A of the Constitution, which guarantees the right to a fair trial and due process of law.It maintained that the matter had come before the Supreme Court for the first time and that proper notices had not been issued to the relevant parties before the interim order was passed. The petition further stated that Imran Khan had been regularly medically examined during his imprisonment and had received treatment from medical boards on several occasions.

Credit: Independent News Pakistan (INP)