Pakistan Government Declines to Transfer Imran Khan to Private Hospital Despite Supreme Court Order
The Pakistan Federal government, led by Prime Minister Shehbaz Sharif, has declined to transfer Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to the private Shifa International Hospital, bypassing a direct order from the country's Supreme Court. The apex court had previously directed that the former prime minister be shifted to the medical facility by August 20.
In response to the court's directive, the federal government moved a review petition on Wednesday, arguing that the order was "discriminatory in nature" and should be recalled. By late Thursday evening, Imran Khan remained at Adiala jail, where he has been incarcerated since August 5, 2023. The government's refusal to move the PTI leader has prompted his legal team to initiate contempt of court proceedings.
Imran Khan's lawyer, Khalid Yousaf Chaudhry, announced that he visited Adiala jail to obtain the PTI founder's signatures on power of attorney documents and the contempt petition. Chaudhry stated that the government is legally bound to transfer Khan to the hospital within two days of the order, and failing to do so constitutes a clear contempt of court.
Government Raises Objections Over Private Treatment
The Sharif administration has raised technical objections to the transfer, arguing that allowing a high-profile convict to receive treatment at a private hospital could set a precedent. According to the government, such a move could lead to similar demands from numerous other convicts currently serving sentences in Pakistani prisons.
However, political analysts and legal observers have pointed out several historical precedents where jailed political leaders received similar medical relief. Prime Minister Shehbaz Sharif's elder brother, Nawaz Sharif, was granted permission by the Lahore High Court to receive treatment at a private hospital in 2018 while serving a prison sentence during Imran Khan's premiership. Nawaz Sharif was subsequently permitted to travel to London for advanced medical care, returning to Pakistan five years later in October 2023.
Other political figures have also benefited from similar court rulings in the past. Former Prime Minister Mohammad Khaqan Abbasi was allowed private hospital treatment while jailed, and former President Pervez Musharraf was permitted to receive private treatment before flying to Dubai. Despite these precedents, the current administration remains firm in its stance against transferring Khan.
Supreme Court Directive and Medical Recommendations
The Supreme Court's order on Tuesday was issued by a three-member bench headed by Justice Shahid Waheed. The bench, which also included Justice Naeem Akhtar Afghan, was hearing cases concerning Khan's access to his personal physicians, family members, and medical records. The court ordered that Khan be shifted to Shifa International Hospital for a few days of treatment and directed the government to facilitate weekly meetings with his family.
The court's decision followed a medical board report and a submission by the Adiala Jail Superintendent. The reports recommended more frequent interactions between Khan, his immediate family, and his spouse to help manage his fluctuating blood pressure and anxiety levels.
Under the court's ruling, a new medical board was to be established, comprising a general physician, an eye specialist, a cardiologist, and Khan's personal physician, Dr. Faisal Sultan. Khan's sister, Dr. Uzma, was also designated to be associated with the medical board. The Supreme Court specified that Khan's family must bear all costs associated with his treatment at the private hospital.
Strict Conditions on Media and Political Activity
To prevent disruptions at the medical facility, the Supreme Court imposed strict conditions alongside the transfer order. Justice Naeem Akhtar Afghan directed that Khan's medical reports must remain completely confidential and warned against using them for political purposes. The court also banned any political activity, media talks, or press conferences outside Shifa International Hospital.
PTI Secretary General Salman Akram Raja and PTI Parliamentary Secretary Shahid Khattak assured the bench that the party would comply with these conditions, promising that their political activities would remain entirely separate to avoid disturbing other patients. Additionally, the court directed authorities to arrange telephone conversations between Khan and his sons, who reside in the United Kingdom.
The court warned that the transfer order could be withdrawn if any of its directives were violated, while allowing the government and other involved parties to approach the court if they believed the guidelines were not being implemented properly.
Status of the Government's Review Petition
The legal battle has been further complicated by procedural delays regarding the government's review petition. On Thursday, PTI Secretary General Salman Akram Raja claimed that the state's review petition had been withdrawn after the Supreme Court filing branch raised objections. He argued that there was no longer any legal excuse for delaying the transfer.
However, sources indicated that the federal government plans to resubmit the review petition after addressing objections raised by the Supreme Court Registrar, who returned the initial filing because the required paper books were incomplete. The government is expected to make amendments to the petition before resubmitting it.
Legal experts have noted that filing a review petition does not automatically suspend the original court order. Advocate Asad Rahim Khan clarified that a review is an extraordinary legal remedy rather than a routine next step or a standard appeal. He emphasized that under established legal principles, Supreme Court orders remain binding unless explicitly stayed or overturned, meaning the government remains in technical violation of the directive.
