ISLAMABAD: The federal government filed a review petition in the Supreme Court against its August 18 decision to transfer former Prime Minister Imran Khan to Shifa International Hospital.
In the petition, it was argued that the court’s order violated Pakistan Prison Rules, 1978, specifically Rule 197, which lays down the procedure for shifting a prisoner to a hospital.
The petition described the order as a major legal flaw on record. It was further stated that the interim order was issued without giving notice to the parties and without deciding the question of maintainability of the petition.
The petition contended that final relief cannot be granted at an interim stage.The Chief Commissioner’s office also argued that the decision goes against Article 10-A on the right to a fair trial and Article 25 on equality.
It said that allowing a convicted prisoner to be treated at a private hospital would impact the entire criminal justice system and could lead to similar demands from other inmates. According to the petition, the relevant department was not made a party in the case, and no notice was issued before the order. It added that by accepting all prayers at the interim stage, the court effectively ended the main issue of the case, which is contrary to established principles of the Supreme Court.
The petitioner has requested the Supreme Court to review and set aside its August 18 order.
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