Pakistan’s government is set to challenge a Supreme Court order directing the authorities to shift jailed former Prime Minister Imran Khan from Rawalpindi’s Adiala Jail to a private hospital in Islamabad for medical treatment, setting the stage for a fresh confrontation between the government and the judiciary.
The development comes a day after a three-member Supreme Court bench ordered that Khan be moved to Shifa International Hospital within 48 hours, citing concerns over his deteriorating health.
SC Orders Khan’s Transfer To Private Hospital
On August 18, a bench headed by Justice Shahid Waheed, along with Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim, directed authorities to transfer the 73-year-old Pakistan Tehreek-e-Insaf (PTI) founder to Shifa International Hospital in Islamabad.
According to Dawn, the court directed the formation of a multidisciplinary medical board comprising a physician, general surgeon, internal medicine specialist, ophthalmologist and cardiologist in coordination with the hospital.
Khan’s personal physician, Dr Faisal Sultan, and his sister, Dr Uzma Khan, have also been permitted to remain associated with his medical examination and treatment. The expenses of his treatment will be borne by Khan or his family.
The court ordered that Khan remain at the hospital at least until the next hearing, scheduled for September 16.
Government Plans Review
Pakistan Law Minister Azam Nazeer Tarar has now said the government will seek a review or modification of the Supreme Court’s order.
According to Pakistani news agency The Dawn, Tarar argued that the direction to send a convicted prisoner to a private hospital did not fall within the existing prison rules. He maintained that prisoners are generally treated either within jail facilities or at government hospitals, unless a medical board determines that the required treatment is unavailable there.
The government is expected to argue that Khan should instead be examined at a government healthcare facility, while specialists from Shifa International Hospital or other institutions could be involved in his treatment.
Tarar also raised concerns about the precedent that could be created if convicted prisoners are allowed to seek treatment at private hospitals through similar judicial orders.
Government’s Stand Shifts
The latest position marks a change from the government’s initial response to the Supreme Court ruling.
Parliamentary Affairs Minister Tariq Fazal Chaudhry had told the Senate on August 18 that the government would implement the court’s order, citing respect for judicial independence.
The subsequent statement by Tarar indicating that the government intends to challenge or seek modification of the order has now opened the possibility of a legal battle over Khan’s treatment and the extent of judicial intervention in prison matters.
Concerns Over Khan’s Eye Condition
Khan has been incarcerated since August 2023 after being convicted in several cases. He and his PTI supporters have repeatedly alleged that the cases against him are politically motivated following his removal from office in 2022.
His health has remained a major concern for his family and supporters. According to Arab News, one of the key issues is a retinal condition affecting his right eye, identified as central retinal vein occlusion, which carries the risk of vision impairment.
His supporters have also raised concerns over fluctuations in his blood pressure and restrictions on access to family members.
The petitions before the Supreme Court seeking better medical care and visitation rights were filed by Khan, his sister and others.
Legal Confrontation Ahead
The government’s decision to challenge or seek modification of the Supreme Court’s order could bring the issue back before the judiciary, with Khan’s health and prison treatment likely to remain at the centre of the dispute.
For now, the Supreme Court’s direction requires Khan to be transferred to Shifa International Hospital, with the next hearing scheduled for September 16.
The outcome of the government’s proposed review, along with developments concerning Khan’s medical condition and compliance with the court’s order, is expected to determine the next phase of the dispute.
