ISLAMABAD (Kashmir English): The Supreme Court of Pakistan has ordered the shift of the founder of Pakistan Tehreek-e-Insaf (PTI), Imran Khan, to Shifa International Hospital.
However, the sources have raised legal, medical and administrative concerns over the Supreme Court’s direction regarding the treatment and hospitalisation of former prime minister and PTI founder Imran Khan.
In its position, the government maintained that Imran Khan is entitled to all medically necessary treatment and that the state remains responsible for protecting his health and providing appropriate specialist care.
However, it stressed that Article 25 of the Constitution guarantees equality before the law, arguing that medical facilities available to one prisoner should also be available to other similarly placed prisoners under the same objective criteria.
The sources said the key issue is whether a personality-specific arrangement is being created through the selection of a privately nominated hospital, determination of the admission period and directions concerning custody.
It maintained that while courts protect a prisoner’s right to medical treatment, decisions regarding hospital selection, security arrangements, custody protocols and the duration of hospitalisation should remain connected to independent medical advice, prison rules and administrative feasibility.
According to the sources, doctors should determine whether hospitalisation is medically necessary and how long it should continue, rather than political preferences or considerations determining the duration of treatment.
The sources also expressed concern that keeping a convicted prisoner in a private hospital until further orders could create an indefinite custodial arrangement without a clearly defined medical threshold for discharge.
It further argued that Shifa International Hospital should not become a privileged extension of prison for one political personality while ordinary prisoners remain subject to a different framework.
Emphasising the principle of equality, the government said the same standards must apply to every citizen and questioned whether an ordinary prisoner suffering from the same medical condition would receive the same hospital, duration of admission and level of judicial protection.
The sources stressed that respect for the judiciary requires compliance with court orders, while maintaining that it remains legally entitled to seek review or clarification if an order enters areas falling within the operational domain of the executive.
It said the certified court order would be examined on legal, medical, administrative and security grounds, after which the appropriate review or appeal would be pursued.
The government maintained that any hospitalisation arrangement must also be capable of safe and practical implementation, with hospital security, uninterrupted healthcare and lawful custody treated as essential considerations.
