SC Decision Based on Clear Legal Errors, Says Review Plea Against Imran Khan Transfer
The Imran Khan transfer review plea has reopened a bitter legal standoff between Islamabad’s administration and Pakistan’s apex court, with the federal government insisting that a landmark August 18 order was built on a foundation of overlooked law.
At the center of it all sits a single question: did the Supreme Court exceed its jurisdiction when it ordered the PTI founder moved to a private hospital?
Government Challenges SC’s August 18 Hospital Transfer Order
The dispute traces back to a three-judge bench headed by Justice Shahid Waheed, which ordered on August 18 that Imran Khan be shifted to Shifa International Hospital under tight security, with a medical board constituted to assess his condition. The bench gave authorities a 48-hour window to comply.
That order also went further than medical logistics. It directed weekly family meetings and twice-weekly phone contact between Imran Khan and his sons, while imposing restrictions meant to stop the hospital stay from turning into a political gathering. The government, however, viewed the ruling as legally shaky from the outset.
Legal Errors Cited: Rule 197, Article 10-A and Article 25
The Islamabad Chief Commissioner’s petition, filed through the advocate general, argues the court’s order was “in excess of jurisdiction” and therefore “liable to be reviewed,” further stating it “suffers from errors of law floating on the surface of the record”.
Three specific legal pillars anchor the challenge:
- Rule 197 of the Pakistan Prison Rules, 1978 — the government contends this provision, which governs how and when a prisoner may be transferred to hospital, escaped the Supreme Court’s attention
- Article 10-A of the Constitution — the plea says deciding the case without hearing the Chief Commissioner violates the guaranteed right to a fair trial
- Article 25 of the Constitution — the petition cites the fundamental right to equal treatment, arguing the “Constitution abhors discrimination and favouritism”
The government also warned of a broader consequence, arguing that ordering treatment at a private facility “will severely disturb the entire criminal justice system” if allowed to stand as precedent.
Registrar’s Office Objections and the Refiled Petition
The first version of the review plea didn’t survive procedural scrutiny. The Supreme Court Registrar’s Office raised objections to the federal government’s filing, with sources indicating one issue was that the paper books accompanying the petition were incomplete.
READ MORE: Imran Khan Shifa Hospital Transfer: SC Order Explained
Rather than abandon the challenge, the Chief Commissioner’s legal team addressed the deficiencies and returned to court. A fresh miscellaneous review petition was submitted after the Registrar’s Office objections were resolved, with the applicant formally asking the bench to accept the review and reconsider the August 18 decision.
Medical Board Findings and Imran Khan’s Return to Adiala Jail
While the legal wrangling continued, authorities moved Imran Khan for examination anyway — though not to the hospital named in the original order. He was taken to the state-run Pakistan Institute of Medical Sciences shortly before the 48-hour deadline expired.
A six-member team of specialist doctors assessed the 73-year-old and concluded he could safely remain in prison, ending a brief hospital stay. He was transferred back to Adiala Jail early Friday following the examination, according to Information Minister Attaullah Tarar.
Key facts from the medical episode:
- Khan was moved from Adiala Jail around midnight under heavy security
- The examining panel was directed by the court to include Imran Khan personal physician, Dr Faisal Sultan
- Despite the exam, the underlying legal dispute over the review petition remains unresolved
PTI’s Reaction to the Government’s Legal Move
Imran Khan party has framed the review petition as an act of defiance rather than a legitimate legal remedy. PTI Secretary General Salman Akram Raja said “there is no excuse whatsoever for not complying with the SC order of 18th August,” adding that Imran Khan must be moved to Shifa International “forthwith.”
Party chairman Barrister Gohar Ali Khan has separately pressed for immediate implementation of the court’s directive, urging the government to enforce the judicial order to lower political tensions. PTI spokesperson Zulfikar Bukhari earlier called the original hospital order a “new ray of hope,” though the party stopped short of treating it as a resolution to Imran Khan broader legal troubles.
Case Background and Timeline
Khan’s imprisonment dates back to his 2023 conviction, and the hospital dispute has moved through several stages before reaching this point.
| Date | Development |
|---|---|
| Aug 5, 2023 | Imran Khan sentenced to three years in the Toshakhana case; imprisoned since |
| March 12, 2026 | Islamabad High Court rejects his hospital-transfer request |
| Aug 18, 2026 | SC orders transfer to Shifa International within 48 hours |
| Aug 19, 2026 | Government files first review petition |
| Aug 20, 2026 | Registrar’s Office returns petition over incomplete paperwork; Khan examined at PIMS |
| Aug 21, 2026 | Fresh review petition filed after objections addressed |
What the Review Petition Means Going Forward
Under court procedure, the review application must go before the same bench that issued the original ruling — the three-judge bench headed by Justice Shahid Waheed, along with Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim. Once decided, the rules bar any further review on the same issue.
PTI has already signaled it may escalate matters further, having threatened a contempt of court petition against the government if compliance doesn’t follow. With Imran Khan now back in Adiala Jail and the review still pending, the standoff between the executive and the judiciary shows no sign of cooling.
