ISLAMABAD: Islamabad’s chief commissioner on Friday refiled a review petition in the Supreme Court against its order allowing Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to undergo a medical examination at Shifa International Hospital, sources said.
The chief commissioner filed a fresh miscellaneous review petition after addressing objections raised by the Supreme Court registrar’s office against the earlier petition.
The new petition argues that the Aug. 18 order contains legal flaws. It also says the court overlooked the Pakistan Prison Rules, 1978, while directing Khan’s transfer to a hospital.
According to the petition, the court granted relief at an interim stage without first resolving key legal questions about the maintainability of the case.
The petitioner argues that the order effectively granted final relief at an interim stage. It says courts should not ordinarily grant such relief before deciding the main legal issues.
The petition also states that the Islamabad chief commissioner and relevant government departments were not made formal parties to the main proceedings. It says they were not served notices before the court issued its order.
The petitioner maintains that this violated principles of natural justice and fairness.
Furthermore, the review petition invokes Article 10-A of the Constitution, which guarantees the right to a fair trial. It also cites Article 25, which guarantees equality before the law.
The government has also warned about the wider implications of the hospital order. It argues that allowing a convicted prisoner to receive treatment at a private hospital could encourage similar demands from other prisoners.
The petition further argues that the court’s decision failed to properly consider the legal framework governing medical treatment and hospital transfers for prisoners.
Meanwhile, the Supreme Court registrar’s office had raised objections to the earlier review petition on Thursday. One objection related to the failure to submit complete paper books along with the petition, sources said.
The chief commissioner has now sought permission to proceed with the review after removing the registrar’s objections.
The fresh petition asks the Supreme Court to accept the miscellaneous application and reconsider its Aug. 18 decision.
The case stems from the Supreme Court’s order allowing Khan, who remains incarcerated, to undergo a medical examination at Shifa International Hospital.
The court issued the order amid an ongoing legal and political dispute over Khan’s health and access to medical treatment in prison.
The latest move could further intensify the legal battle over Khan’s hospital transfer and the procedures governing medical treatment for prisoners.
