Islamabad, August 20, 2026: The Supreme Court on Thursday returned the federal government’s review petition against its order directing the transfer of incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital, while the government maintained that there was no deadline for shifting the former prime minister and said it was awaiting the court’s decision.
The development came as the two-day deadline set by the Supreme Court for Imran’s transfer was due to expire on Thursday night, adding further uncertainty to the implementation of the court’s interim order.
The Supreme Court registrar’s office returned the government’s review petition, citing incomplete paper books as the reason.
Reacting to the development, PTI Secretary General Salman Akram Raja said the government had effectively “withdrawn its review petition” following the court’s objections and urged authorities to immediately comply with the August 18 order.
“There is no excuse whatsoever for not complying with the SC order of Aug 18. Imran Khan sahib must be transferred to Shifa International Hospital forthwith. Today is the day,” Raja said.
However, Adviser to Prime Minister on Political Affairs Senator Rana Sanaullah said the government would seek clarity from the Supreme Court before transferring Imran to the private hospital.
Talking to journalists at the Parliament House, Sanaullah said there was no deadline for the transfer and that the government expected the court to decide the review matter “today or tomorrow”.
“There is no deadline for transferring the PTI founder to a hospital,” Sanaullah said, adding that the government had again submitted its review petition and wanted the court’s decision before proceeding with the transfer.
He said the government was bound by the Constitution and law and acknowledged that Supreme Court decisions were binding on subordinate courts.
At the same time, Sanaullah raised concerns about the broader implications of the court’s order for the criminal justice system, questioning whether similar relief would have to be extended to other prisoners.
“Will every prisoner then be transferred to a private hospital?” he asked, arguing that subordinate courts could otherwise face difficulties in refusing similar requests from other prisoners.
Sanaullah also referred to the case of former prime minister Nawaz Sharif, saying he had been shifted from prison to a government hospital before a medical board recommended treatment abroad, after which the government permitted him to travel overseas for medical treatment.
The government had approached the Supreme Court on Wednesday seeking review and recall of its August 18 interim order directing Imran’s transfer from Adiala jail to Shifa International Hospital.
The review petition, filed through Islamabad Capital Territory Advocate General Naveed Hayat Malik on behalf of the Islamabad chief commissioner, argued that the Supreme Court’s directive was discriminatory and had been issued without taking into account relevant prison rules and principles of natural justice.
A key argument in the petition was that Rule 197 of the Pakistan Prison Rules, 1978, governing the transfer of prisoners to hospitals, had not been considered by the court when it ordered Imran’s transfer to a private hospital.
The government argued that the rule provides a mechanism for obtaining government approval through the Inspector General of Prisons for transferring a convicted or under-trial prisoner to a hospital, while allowing the jail superintendent to act in emergency cases and subsequently inform the inspector general.
The petition maintained that had the Supreme Court considered Rule 197, “the order under review could not have been passed”.
The government further argued that directing treatment for a convict at a private hospital on the basis of a medical report that did not establish an immediate medical emergency could have wider implications for the criminal justice system.
Invoking Article 25 of the Constitution, the review petition also argued that all citizens were entitled to equal treatment and warned that similarly placed prisoners could seek comparable facilities if Imran were allowed treatment at a private hospital of his choice.
The government described the Supreme Court order as discriminatory on the grounds that other prisoners had not been given similar opportunities to receive treatment at private hospitals.
The issue has also triggered a political dispute between the government and the PTI.
Information Minister Attaullah Tarar, speaking at a news conference on Wednesday, defended the government’s position and said healthcare for Imran would continue to be provided in accordance with prison rules and applicable legal provisions.
“There is no ambiguity regarding his treatment,” Tarar said, maintaining that Imran had previously received medical treatment and would continue to have access to necessary healthcare.
He also urged political parties to keep health matters separate from political debate.
Minister of State for Interior Tallal Chaudhry, who addressed the same briefing, accused the PTI of using Imran’s health as a political issue and alleged that the party was relying on what he described as a “sympathy card”.
The PTI rejected the government ministers’ remarks, describing the press conference as “irresponsible, insensitive and shameful”.
In a statement issued through its central media department, the party accused the government of turning Imran’s health into a subject of political point-scoring and said the remarks demonstrated “insensitivity and lack of seriousness”.
The PTI maintained that Supreme Court orders could not be made conditional on the government’s preferences and urged authorities to implement the August 18 directive instead of attempting to make the matter controversial through political statements and press conferences.
On Tuesday, a three-member Supreme Court bench headed by Justice Shahid Waheed and comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim had ordered the government to shift Imran to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board.
The court had also allowed Imran’s personal physician and sister to remain associated with his medical care and directed authorities to facilitate regular contact with his family.
The interim order was issued on petitions seeking Imran’s hospitalisation, access to personal physicians and family members and provision of his medical records to his family.
Imran, 73, has been imprisoned since August 2023 following convictions that he and his party have described as politically motivated. He has faced multiple legal cases since his removal from office following a no-confidence vote in April 2022.
With the government review petition returned by the registrar’s office and the court’s transfer deadline expiring, the implementation of the Supreme Court’s August 18 order now remains at the centre of a legal and political dispute between the government and the PTI.
