Supreme Court returns govt's review plea over Imran Khan hospital transfer

Pakistan's Supreme Court on Wednesday returned the federal government's review petition against its order to transfer former prime minister Imran Khan from Adiala Jail to a private hospital, citing incomplete paperwork. PTI said it would file a contempt petition over the delay in Khan's hospital transfer.

Why did the Supreme Court return the review petition?

The court's registrar office returned the petition because the paper books accompanying it were incomplete, according to sources. The advocate general's office said the government could refile the petition once it addresses the objections. Sources also suggested the government was not strongly pursuing the case.

What did the Supreme Court's Aug. 18 order say?

The development comes two days after a three-member Supreme Court bench ordered authorities to transfer Khan to Shifa International Hospital. The bench gave authorities 48 hours to move him for examination and treatment by a multidisciplinary medical board.

Justice Shahid Waheed headed the bench, which also included Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim. The judges were hearing petitions seeking Khan's hospitalization, access to his personal physicians and family, and disclosure of his medical records.

The court also allowed Khan's personal physician and sister to take part in his medical care. It directed authorities to facilitate regular contact between Khan and his family.

What does the government's review petition argue?

The federal government approached the Supreme Court on Wednesday to review and recall the Aug. 18 order. It argued the directive was discriminatory and violated prison rules and principles of natural justice.

Islamabad Capital Territory Advocate General Naveed Hayat Malik filed the review petition under Article 188 of the Constitution. It argued that Rule 197 of the Pakistan Prison Rules, 1978, had escaped the court's attention when it ordered the transfer.

That rule sets out the legal procedure for moving a prisoner to a hospital outside the jail, the petition said. Had the court considered the provision, it argued, the order under review could not have been passed.

The petition also said ordering treatment at a private hospital, based on a medical report that did not disclose a condition requiring immediate care, would disturb the criminal justice system. It cited Article 25 of the Constitution, which guarantees equal treatment, and argued the order amounted to discrimination and favoritism.

"Similarly placed convicts would claim the same special treatment afforded to the respondent, in violation of the prison rules," the petition said. It added that other prisoners in similar situations had not been given the same opportunity to receive treatment at a private hospital of their choice.

How have officials and PTI reacted to the order?

Government ministers questioned the private hospital aspect of the ruling on Wednesday, asking whether all prisoners should get access to private hospitals. Information Minister Attaullah Tarar said the PML-N had never politicized health matters, unlike PTI leaders.

Tarar said Khan had previously received medical facilities and would keep getting treatment under prison rules and legal provisions. PTI, meanwhile, said it would file a contempt of court petition in the Supreme Court on Friday.

The party alleged that authorities had failed to comply with the order on Khan's transfer. PTI Secretary General Salman Akram Raja said Adiala Jail authorities should immediately move Khan to Shifa International Hospital as the court directed.

Raja warned that continued non-compliance would prompt PTI to file the contempt petition. He said the interim order clearly directed the jail superintendent to transfer Khan within 48 hours, and called the failure to comply a case of contempt of court.

How was the review petition filed?

The federal government filed its review petition a day after the Supreme Court's Aug. 18 interim order. The Chief Commissioner Islamabad filed it through the Advocate General Islamabad's office.

The Chief Commissioner asked the court to withdraw the interim order, arguing the Aug. 18 directive exceeded the court's jurisdiction. It also said the order bypassed the legal procedure for transferring a prisoner to an outside hospital.

The Chief Commissioner sought permission to file the petition under the Supreme Court Rules, 2025. It also cited Rule 197 of the Pakistan Prison Rules, 1978, arguing a formal legal procedure exists for such transfers.

What led to Imran Khan's hospitalization petition?

An Additional Sessions Judge sentenced Khan to three years in prison on Aug. 5, 2023. Khan then appealed the sentence before the Islamabad High Court.

During those proceedings, Khan sought permission under Section 561-A of the Code of Criminal Procedure to be transferred to Shifa International Hospital for treatment. The Islamabad High Court rejected the request on March 12, 2026, prompting Khan to appeal to the Supreme Court.