Pakistan Govt to Challenge SC Order on Imran Khan

The move could lead to another confrontation between Pakistan's government and the judiciary, with the two sides now taking different positions on how Khan should receive medical treatment.

The development comes a day after a three-member Supreme Court bench ordered authorities to move Khan to Shifa International Hospital in Islamabad within 48 hours, citing concerns about his health.

Supreme Court Orders Khan's Hospital Transfer

On August 18, a three-member Supreme Court bench headed by Justice Shahid Waheed, along with Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim, directed authorities to shift the 73-year-old Pakistan Tehreek-e-Insaf (PTI) founder to the private hospital.

The court also ordered the formation of a multidisciplinary medical board to examine Khan and oversee his treatment. The board is expected to include specialists such as a physician, general surgeon, internal medicine specialist, ophthalmologist and cardiologist, in coordination with Shifa International Hospital.

Khan's personal physician, Dr Faisal Sultan, and his sister, Dr Uzma Khan, have also been allowed to remain involved in his medical examination and treatment.

According to the order, Khan's treatment expenses will be paid by him or his family.

The Supreme Court directed that Khan remain in the hospital until at least the next hearing, which is scheduled for September 16.

Why Is Pakistan Government Challenging the Order?

Pakistan Law Minister Azam Nazeer Tarar has indicated that the government will seek a review or modification of the Supreme Court's decision.

The government's argument is based largely on existing prison rules. Tarar said a convicted prisoner being sent directly to a private hospital does not fit within the usual prison procedures.

According to the government's position, prisoners are generally treated either inside prison medical facilities or at government hospitals. Private hospital treatment may be considered when a medical board finds that the required treatment is not available at a government facility.

The government is therefore expected to argue that Khan should be treated at a government hospital, while doctors and specialists from Shifa International Hospital or other medical institutions could be brought in to provide expert care.

Government's Position Changes After Initial Acceptance

The latest statement represents a change from the government's initial response to the Supreme Court ruling.

On August 18, Parliamentary Affairs Minister Tariq Fazal Chaudhry told the Senate that the government would follow the court's order. He cited the importance of respecting judicial independence.

However, Law Minister Tarar's latest position suggests that the government now wants the order to be reviewed or modified.

This has created the possibility of another legal dispute over Imran Khan's medical treatment, prison rules and the judiciary's role in decisions concerning incarcerated prisoners.

Concerns Over Imran Khan's Health

Imran Khan has been in prison since August 2023 after being convicted in several cases. His party, PTI, and his supporters have repeatedly alleged that the cases against him are politically motivated. Khan was removed as Pakistan's prime minister in 2022.

His health has also become a major issue for his family and supporters.

One of the key concerns reportedly involves a condition affecting his right eye. Khan has been diagnosed with central retinal vein occlusion, a retinal condition that can potentially affect vision.

His supporters have also raised concerns about fluctuations in his blood pressure and access to family members.

The petitions before the Supreme Court seeking improved medical treatment and visitation rights were filed by Khan, his sister and others.

Fresh Government-Judiciary Clash Ahead?

The government's plan to challenge or seek modification of the hospital transfer order could add another layer to the ongoing tensions surrounding Imran Khan.

The Supreme Court has made it clear that Khan should receive medical care at Shifa International Hospital, while the government is questioning whether a private hospital transfer is permitted under prison rules.

The issue is now likely to return to the legal arena, with the government's proposed review potentially determining whether Khan is moved to the private hospital or receives treatment at a government facility.

For now, the focus remains on Khan's health, the implementation of the Supreme Court's order and the government's next legal move.