Islamabad, August 21, 2026: The controversy over the Supreme Court’s order to shift incarcerated Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to a private hospital intensified on Friday as the Islamabad chief commissioner again approached the apex court, arguing that the directive appeared discriminatory and overlooked the statutory framework governing the medical treatment of prisoners.
The fresh review petition was filed under Article 188 of the Constitution, read with Rules 1 and 2 of Order 28 of the Supreme Court of Pakistan Rules, 2025. It challenges the court’s August 18 order directing that Imran be transferred from Adiala jail to Shifa International Hospital in Islamabad within two days for medical examination and treatment.
The petition came a day after the Supreme Court Registrar’s Office returned an earlier review petition filed by the federal government against the same order, citing procedural deficiencies, including improperly drawn contents of the affidavit and facts and an incomplete paper book. The registrar’s office directed the government to remove the objections and resubmit the petition within two weeks.
The latest petition argues that the August 18 order suffered from a fundamental procedural defect because the prescribed legal procedure for transferring a convict to a hospital had allegedly not been taken into account.
The government contends that the order has implications beyond Imran Khan’s individual case and could affect the wider criminal justice and prison administration system.
Citing Article 25 of the Constitution, the petition argued that all citizens were entitled to equal treatment and that the Constitution “abhors” discrimination and favouritism. It warned that allowing a convict to receive treatment at a private hospital of his choice could encourage similarly placed prisoners to seek identical relief.
“The court’s directions for the treatment of the convict in a private hospital, and that too on a report which does not disclose any condition requiring immediate medical treatment, will severely disturb the entire criminal justice system,” the petition stated.
It further warned that failure to recall the interim order could “open a floodgate of prisoners seeking similar relief” that, according to the government, could not be granted under the prevailing law.
The review petition specifically cited Rule 197 of the Pakistan Prison Rules, 1978, arguing that the provision governs the manner and circumstances in which prisoners may be transferred for medical treatment.
According to the petition, the prison rules provide for the treatment and examination of inmates in prison hospitals and, where necessary, their transfer to civil or district headquarters hospitals. It maintained that the rules do not provide for a convict’s transfer to a private hospital of his choosing.
“The order in review upsets the entire structure as envisaged and established by express provision of the rules,” the petition argued.
The government further maintained that the legal framework governing prisoners was designed to regulate their safety, well-being and interaction with the outside world, and that allowing treatment at private facilities could expose inmates to external influences and security concerns.
The petition also argued that the Supreme Court could not use inherent powers under Section 561-A of the Criminal Procedure Code to bypass remedies and procedures available under the Prisons Act, 1894, the Prisoners’ Act, 1900 and the Pakistan Prison Rules, 1978.
It contended that a court hearing a criminal appeal had powers specifically defined under the Criminal Procedure Code and that the transfer of a convict to a private hospital, constitution of a specialist medical board and related directions did not fall within those appellate powers.
The legal dispute intensified further after Information Minister Attaullah Tarar disclosed on Friday that Imran was taken to the Pakistan Institute of Medical Sciences (Pims), rather than Shifa International Hospital, during the night between August 20 and 21.
Tarar said a team of doctors, including an ophthalmologist, cardiologist and physician, examined Imran and declared him medically fit. He added that Imran’s sister Uzma Khan was present during the examination and that the PTI founder was subsequently shifted back to Adiala jail at around 5am.
The minister later clarified that doctors from Shifa International Hospital were also present during the examination at Pims.
The PTI rejected the government’s explanation and accused it of failing to implement the Supreme Court’s order in letter and spirit.
The party has maintained that the court specifically ordered Imran’s transfer to Shifa International Hospital and that taking him to a government hospital instead amounted to non-compliance with the judicial directive.
Imran’s sister Uzma Khan, who was present during his medical examination, also disputed aspects of the government’s account. She said she had initially expected Imran to be taken to Shifa and was instead taken to Pims, where she met him during the examination.
Uzma said Imran’s blood pressure was normal and his vision had improved, although she said a small haemorrhage remained. She also alleged that he complained of mental stress and prolonged isolation during his imprisonment.
On August 18, a three-member Supreme Court bench headed by Justice Shahid Waheed and comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim directed authorities to shift Imran from Adiala jail to Shifa International Hospital within two days.
The order was issued while the court was hearing petitions concerning Imran’s health, access to family members and medical care.
