Federal government challenges Supreme Court order on Imran Khan's hospital transfer

The core of the government's argument rests on the established legal framework for prisoner management, specifically citing Rule 197 of the Pakistan Prison Rules 1978. According to the petition, this rule clearly delineates the specific procedures that must be followed when a prisoner is to be moved from a correctional facility to an external medical institution.

The government contends that such decisions fall under the purview of the Inspector General of Prisons, who is tasked with ensuring that any medical transfer is handled with appropriate security measures, including mandatory police supervision. By ordering the transfer directly, the government claims the court has circumvented these essential administrative and security safeguards.

The legal dispute traces back to Imran Khan's conviction on August 5, 2023, when he was sentenced to three years in prison. Following this, he sought relief through the Islamabad High Court, requesting a transfer to Shifa International Hospital under Section 561-A of the Code of Criminal Procedure.

That request was denied by the High Court on March 12, 2026, leading to the subsequent appeal before the Supreme Court.

In its current filing, the federal government emphasizes that the Supreme Court's interim order was issued without providing proper notice to all relevant parties, which it argues violates the principles of due process and the right to a fair trial as guaranteed under Article 10-A of the Constitution.

Furthermore, the government maintains that the PTI founder has been under consistent medical observation throughout his incarceration. The petition highlights that Imran Khan has undergone regular medical examinations and has been treated by specialized medical boards on multiple occasions.

Consequently, the government argues that the court should have solicited professional opinions from independent medical experts to verify whether the prisoner's health had truly deteriorated to a critical level necessitating a transfer to a private facility.

The government's petition concludes by requesting that the Supreme Court withdraw its August 18 interim order entirely, arguing that the judicial intervention was premature and lacked the necessary evidentiary foundation regarding the prisoner's actual medical requirements.

This legal challenge marks a significant escalation in the ongoing procedural battle between the state and the imprisoned political leader, centering on the limits of judicial authority versus executive control over prison administration.

The Supreme Court is now expected to review these arguments to determine whether the initial order stands or if the procedural concerns raised by the government warrant a reversal of the decision to move the prisoner to a private hospital setting.