ISLAMABAD (Kashmir English): A Chief Commissioner of Islamabad has challenged the court order regarding the transfer of PTI founder Imran Khan to a private hospital for medical treatment, raising several legal objections concerning the procedure followed in the case.
According to the petition, the Pakistan Prison Rules, 1978 prescribe a specific procedure for transferring prisoners to hospitals. It argues that the impugned order went beyond the provisions of Rule 197, describing this as a significant legal error.
The petition further contends that the court’s order allegedly did not take into account the Supreme Court’s decision concerning the Jail Rules issued the previous day.
The petitioner has also questioned the issuance of the order without notice to the concerned parties, arguing that a unilateral interim order was passed while the important legal question regarding the admissibility of the appeal remained unresolved.
It has been argued that final relief cannot be granted at the interim stage, and that accepting the prayers concerning Imran Khan’s treatment at the interim stage effectively disposed of the main issue of the case. According to the petition, this is contrary to principles laid down by the Supreme Court.
The petition invokes Article 10-A of the Constitution, which guarantees the right to a fair trial, as well as Article 25, which provides for equality before the law.
The petitioner has further argued that allowing Imran Khan, a convicted prisoner, to receive treatment at a private hospital could have implications for the broader criminal justice system and may open the door to similar demands from other prisoners.
Questions have also been raised over the Chief Commissioner Islamabad or the concerned department not being made a formal party to the proceedings. The petition also asks whether proper notice was issued to the relevant authorities before the order was passed.
The petition maintains that the decision is contrary to established legal principles and the principles of natural justice, and seeks appropriate relief against the impugned order.
