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Supreme Court Returns Government's Review Petition on Imran Khan’s Hospital Transfer

Supreme Court Returns Government's Review Petition on Imran Khan’s Hospital Transfer

Published: August 20, 2026

ISLAMABAD — The federal government’s legal attempt to halt the medical transfer of jailed former Prime Minister Imran Khan faced an immediate procedural setback after the Supreme Court Registrar's Office returned the government’s review petition due to administrative objections and missing documentation.

The legal tug-of-war highlights mounting political and judicial friction over the health, custody, and fundamental rights of the incarcerated opposition leader.

The Background: Supreme Court Intervenes

A three-member bench of the Supreme Court, headed by Justice Shahid Waheed, issued a directive ordering prison authorities to transfer Imran Khan from Adiala Jail to Shifa International Hospital in Islamabad.

The top court's decision followed months of persistent concerns raised by Khan's family, lawyers, and international observers regarding his health—specifically related to blood pressure fluctuations, cardiac complaints, and a severe right-eye retinal vein occlusion. Under the court's interim ruling:

Khan was to be placed in the private medical facility until September 16.

A independent medical board—including Khan's personal physician Dr. Faisal Sultan—was mandated to manage his evaluation.

Family members and lawyers were granted weekly visitations and direct telephone access to his sons in the UK.

Government Challenges the Transfer Order

Reacting to the Supreme Court's ruling, the federal government filed a review petition through the Islamabad Chief Commissioner and Advocate General. The administration requested the court recall or modify its decision, presenting several arguments:

Rule 197 & Equal Treatment: Federal Law Minister Azam Nazeer Tarar and government representatives argued that under the Pakistan Prison Rules, 1978, convicted or under-trial prisoners are required to receive treatment at government hospitals before any private facility can be considered. The petition termed the direct transfer to a private hospital "discriminatory in nature" against other inmates.

Jurisdictional Overreach: The state claimed the court exceeded its scope at an interim stage and bypassed required administrative procedures involving the Inspector General of Prisons.

Medical Board Findings: The government maintained that jail medical records showed Khan was stable and receiving regular medical check-ups.

Registrar Office Returns Petition

The Supreme Court Registrar’s Office returned the government’s review plea, noting that it failed to meet procedural rules, including incomplete legal paper books and missing documentation.

Legal teams for the Islamabad administration are currently working to address the procedural deficiencies in order to refile the petition.

Political Reaction

The rejection of the petition sparked immediate political discourse. Pakistan Tehreek-e-Insaf (PTI) legal representative Salman Akram Raja asserted that state authorities no longer have a legal pretext to delay the court’s original directive, calling for Khan's immediate transfer to Shifa International Hospital.

Meanwhile, government officials stated that they will pursue all legal options to ensure prisoner transfer procedures strictly adhere to statutory frameworks.

Weekly Pakistan Desk
Written by
Weekly Pakistan Desk
Contributor at Weekly Pakistan.

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