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 A report by Hamid Chaudhry

The federal government has filed a petition in the Supreme Court seeking review of the decision to transfer the founder of PTI to the hospital.

The petition took the position that the Supreme Court issued an interim order on August 18 regarding the health of PTI's founder. In the interim order, it directed that the founder of PTI be transferred to Shifa Hospital. The court’s order exceeds the jurisdiction of the hearing, and it should be reviewed.

 

The petition filed by the Chief Commissioner of Islamabad through the Advocate General of Islamabad in the Supreme Court took the position that the Supreme Court issued an interim order on August 18 and directed that the founder of PTI be transferred to Shifa International Hospital. However, this order exceeds the scope of the hearing and requires review. The petition states that the founder of PTI was sentenced to three years in prison by the Additional Sessions Judge on August 5, 2023, against which an appeal was filed in the Islamabad High Court.

 

According to the petition, during the hearing, the PTI founder requested to be transferred to Shifa International Hospital for treatment under Section 561-A of the Criminal Procedure Code; however, the Islamabad High Court rejected this application on March 12, 2026, against which an appeal was filed in the Supreme Court.

 

The federal government has taken the position in the review petition that in some cases, government approval and action by the Inspector General of Prisons are necessary to transfer a prisoner out of jail, while police supervision of the prisoner being transferred to the hospital is also required. The petition, citing Rule 197 of the Pakistan Prison Rules 1978, states that the procedure for transferring a prisoner out of jail to a hospital is clearly stated in the law.

 

According to the federal government, Article 10-A of the Constitution provides for a fair trial and the right to due process of law. The matter was brought before the Supreme Court for the first time and no formal notice was issued to the parties concerned. The petition further states that the medical examination of the PTI founder has been conducted regularly in the past and the medical board has treated him several times.

 

The federal government took the stand that the court should have taken a decision after taking the opinion of medical experts whether the health condition of the PTI founder has actually deteriorated or not. The petition has requested the Supreme Court to review the interim order of August 18 and withdraw the order regarding the transfer of the PTI founder to Shifa International Hospital.