The Pakistan government on Wednesday moved the Supreme Court seeking a review and recall of its order directing authorities to transfer jailed former prime minister Imran Khan to a private hospital in Islamabad, arguing that the relief granted exclusively to him was “discriminatory” and could set a precedent for other prisoners.
The move came a day after the Supreme Court ordered that the 73-year-old Pakistan Tehreek-e-Insaf (PTI) founder be shifted from Rawalpindi's Adiala Jail to Shifa International Hospital in Islamabad within two days.
The court had directed that Khan remain at the hospital until the next hearing, scheduled for September 16. It also ordered the constitution of a medical board and permitted him weekly meetings with his family.
The directions followed months of concerns raised by Khan's relatives and party leaders over his health and allegations that the former prime minister was not being provided adequate medical treatment in prison.
Govt calls order ‘discriminatory’
In its review petition, the federal government argued that the Supreme Court's interim order provided special treatment to Khan without extending the same facility to prisoners generally.
The government contended that allowing Khan to receive treatment at a private hospital could establish a precedent under which other convicts suffering from health problems could seek similar relief.
It described the order as being “in excess of jurisdiction” and argued that it was therefore liable to be reviewed.
The petition also claimed that the ruling contained errors of law and that relevant prison rules had not received adequate consideration while the court passed its directions.
The government's challenge represents a change in position after authorities had initially responded positively to Tuesday's order and indicated that it would be implemented.
Law Minister Azam Nazeer Tarar subsequently announced that the government would approach the Supreme Court seeking a modification of the directions.
PTI alleges delaying tactics
Senior PTI leaders sharply criticised the review petition and accused the government of attempting to obstruct implementation of the apex court's directions.
PTI chairman Barrister Gohar Ali Khan demanded that authorities immediately comply with the order and transfer the incarcerated former premier to Shifa International Hospital for medical treatment.
He also argued that implementation of the judicial directive could help reduce political tensions in Pakistan.
Senior PTI leader Moonis Elahi accused the government of “obstructing” the court's order and called upon the Supreme Court to take suo motu notice to ensure that its directions were enforced.
The dispute over Khan's treatment has become another flashpoint between his party and the government, with PTI repeatedly alleging that restrictions imposed on the former prime minister in jail violate his rights.
Eye ailment at centre of petitions
The Supreme Court directions came while a three-member bench was considering several similar petitions concerning Khan's health, particularly an eye condition that emerged earlier this year.
Khan was diagnosed with right central retinal vein occlusion in January and has subsequently been taken to the Pakistan Institute of Medical Sciences in Islamabad for treatment on multiple occasions.
His family and political associates intensified demands for his transfer to a private medical facility after the diagnosis, maintaining that they were dissatisfied with the treatment available to him at government institutions.
The petitioners sought his transfer to a private hospital for further examination and treatment.
While passing Tuesday's order, Justice Shahid Waheed, who headed the three-member bench, said the directions were being issued keeping in mind Khan's fundamental rights and the need to protect his health and safety.
Jail authorities say condition improved
The Supreme Court's intervention came a day after prison authorities submitted a medical report stating that Khan's eye condition had improved considerably and his vision was “almost normal”.
According to the report, Khan's blood pressure was recorded at 140/80 while his pulse rate stood at 54 beats per minute. His electrocardiogram was described as normal and his chest was reported to be clear.
Jail authorities maintained that the treatment provided and improvement in Khan's eyesight demonstrated that the prison administration had made extensive efforts to provide him with appropriate healthcare.
PTI leaders, however, have rejected claims that Khan has been receiving adequate medical attention and have continued to press for independent treatment outside the prison system.
In Adiala Jail since 2023
Khan, who served as Pakistan's prime minister from 2018 until his government was removed through a no-confidence vote in April 2022, has been imprisoned in Adiala Jail since 2023 and faces several cases.
His arrest in May 2023 sparked widespread protests across Pakistan, some of which turned violent and were followed by a sweeping crackdown on PTI leaders and supporters.
His incarceration has remained at the centre of Pakistan's prolonged political confrontation, with PTI supporters continuing to demand his release.
Khan's relatives and party colleagues have also repeatedly alleged that authorities have restricted his meetings with family members, political associates and lawyers, besides raising concerns about his medical care.
The government's latest review petition now places the question of Khan's transfer back before the Supreme Court, even as PTI insists that Tuesday's order should be implemented without further delay.