Chief Commissioner challenges SC order to shift PTI founder to Shifa International

ISLAMABAD, Aug 19 (APP): Chief Commissioner Islamabad has filed a review petition in the Supreme Court challenging its August 18 interim order directing the shifting of PTI founder Imran Ahmed Khan Niazi to Shifa International Hospital for medical treatment.

The petitioner has requested the court to recall and review the order, arguing that the procedure for transferring a convicted prisoner from jail to an outside hospital is clearly prescribed under the Pakistan Prison Rules, 1978, but was overlooked by the court.

The criminal review petition has been filed under Article 188 of the Constitution and Order 28, Rules 1 and 2 of the Supreme Court Rules, 2025.

According to the petition, Imran Khan was sentenced to three years’ imprisonment by an Additional Sessions Judge (West) on August 5, 2023. An appeal against the conviction is pending before the Islamabad High Court, which had dismissed his request for transfer to Shifa International Hospital on March 12, 2026. The matter was subsequently taken to the Supreme Court.

The Chief Commissioner contended that Rule 197 of the Pakistan Prison Rules provides a complete mechanism for transferring prisoners to hospitals outside jail, including government orders, approval of the Inspector General in certain cases and specific powers of the jail superintendent in emergencies. Police supervision of prisoners treated outside jail is also required.

The petition argues that this legal procedure was not brought before the Supreme Court, creating an apparent error warranting review.

Referring to Article 10-A, the petitioner said the principles of fair trial and due process require proper notice and an opportunity of hearing. It was argued that the petition had been listed for the first time, no notice had been issued and leave to appeal had not been granted, while the maintainability of the petition had also been questioned.

The Chief Commissioner further argued that Imran Khan had already undergone medical examinations by several medical boards and that expert medical opinion should have been obtained before deciding on his transfer.

The petition also contends that the interim order effectively granted the final relief sought, including transfer to Shifa International, access to personal doctors and family, and provision of medical reports.

It further argued that the Chief Commissioner was neither made a party nor issued notice despite being responsible for implementing the order, which, according to the petition, violated principles of natural justice.

The Supreme Court had directed the government to shift Imran Khan to Shifa International within two days, constitute a medical board and allow Dr Faisal Sultan and Dr Uzma Khan to participate in his treatment. It also ordered weekly family meetings, twice-weekly telephone contact with his sons and adequate security arrangements.

The review petition was filed on August 19, along with a separate application seeking permission to maintain the review, and the petitioner reserved the right to raise further legal grounds at the next hearing.