Chief commissioner challenges SC order
The government on Wednesday filed a review petition in the Supreme Court, seeking a recall of the order to shift incarcerated former prime minister Imran Khan to Islamabad's Shifa Hospital for medical examination and treatment.
The government's review petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the federal capital's chief commissioner a day after the SC's ruling, termed the interim order "discriminatory".
The petition stated that the order was "in excess of jurisdiction" and, therefore, "liable to be reviewed".
The plea further stated that the order "suffers from errors of law floating on the surface of the record".
It argued that Rule 197 of the Pakistan Prison Rules, 1978, which governs the manner and mode of the transfer of a prisoner to the hospital, had escaped SC's attention in its ruling on Imran's hospitalisation.
"Had the court taken note of the above-noted provision of law, the order under review could not have been passed," the plea said.
Elaborating on Rule 197, the plea stated that it explained that government orders for the transfer of a prisoner would be obtained through the police inspector general (IG) in cases wherein a convicted or under-trial prisoner was to be admitted to the hospital for treatment.
However, in emergency cases, the jail superintendent was authorised to act as if the government sanction had been given, and if he did so, he should immediately inform the IG, the plea added, citing the rule.
Under the rule, in cases where a prisoner was to be moved to a hospital for an operation, the shifting should take place as close as possible to the time fixed for the operation, and the prisoner should be brought back to the prison hospital "as soon as this can conveniently be done", the plea said.
Moreover, it contended that issuing directives for the treatment of a convict at a private hospital, and that too on the basis of a report that did not disclose any condition requiring immediate medical treatment, "will severely disturb the entire criminal justice system".
The petition also cited Article 25 of the Constitution, highlighting that it granted the fundamental right to be treated equally and that the "Constitution abhors discrimination and favouritism".
The petition is yet to be fixed for hearing.
Ministers
Earlier, Information Minister Attaullah Tarar said the government would pursue legal options against the Supreme Court's order allowing Imran Khan to be transferred to a private hospital, while accusing PTI of violating the court's directions by politicising his health.
Speaking at a news briefing alongside Minister of State for Interior Talal Chaudhry, Tarar said the government had never politicised Imran's health and maintained that he was entitled to medical treatment under the law.
However, he said the government was examining the legal aspects of allowing a prisoner to receive treatment at a private hospital and would pursue the matter before the court.
"Health should never be politicised. Whether we were in opposition or in government, our party has always maintained that position," he said.
Tarar recalled that during the PTI government, Imran had taunted the opposition over prisoners seeking home-cooked food or making comments that when "they go to jail they fall sick."
"We never saw our party talking about his health or treatment, or taunting him about his health. Medical facilities are the right of every prisoner, and he has been provided those facilities," he said.
"The question is whether a private hospital can be specified. Can every prisoner get this facility? We are paying attention to the legality of this matter," he said.
Tarar said the government would continue to ensure that Imran received treatment in accordance with the jail manual, while legal objections relating to the private hospital would be pursued.
He said the government had consistently urged PTI not to make political statements about Imran's health, adding that the Supreme Court had also addressed the issue of politicisation during its proceedings.
Tarar also referred to remarks previously made by Imran in Washington regarding restrictions on home-cooked food for prisoners. "Fear God and ask for forgiveness for the things you politicised and the taunts you made," he said.
The information minister said the government's position remained that Imran should receive all treatment available to him under the law and the jail manual.
Tarar further said the government's concerns over the private hospital were consistent with the position taken by Law Minister Azam Nazeer Tarar on Tuesday, when he said the government would review the Supreme Court's order and pursue appropriate legal remedies.
The law minister had argued that transferring a prisoner to a private hospital could raise broader legal questions, particularly whether the same facility would have to be made available to other prisoners.
He had said the government would approach the Supreme Court for review and seek an appropriate modification of the order, while proposing that Imran could instead be examined at a tertiary-care government hospital. The government had also indicated that specialists from other major institutions could be included in the medical board.
Meanwhile, Chaudhry said the government had maintained from the outset that matters concerning prisoners should be handled by the institutions legally responsible for them, rather than through political pressure, threats, strikes or protests.
"Ultimately, that is what happened," Chaudhry said, referring to the Supreme Court's intervention.
He questioned PTI's celebration of the ruling, saying the party had previously rejected the constitutional amendments under which the judges who issued the decision had been appointed or selected, but was now celebrating their ruling as a victory.
"One such small decision, which we believe concerns every prisoner's right, has been made. On the issue of health, Tarar has already said that our government does not discuss their health," he said.