- Court order challenged on grounds of constitutional jurisdiction.
- Federal govt says SC order exceeded jurisdiction in review petition.
- SC had ordered Imran’s transfer within two days of August 18 ruling.
ISLAMABAD: The chief commissioner of Islamabad has filed an application in the Supreme Court seeking an early hearing of the review petition against the court’s August 18 order directing the transfer of PTI founder Imran Khan from Adiala jail to Shifa International Hospital.
The application sought early hearing of the review petition, requesting the court to review, amend and withdraw its August 18 order.
The petition challenged the directives to transfer Imran from Adiala jail to a private hospital as well as the orders related to his medical examination and treatment through a medical panel.
The application contended that the matter was not merely about medical facilities but also concerned legal and constitutional jurisdiction.
It raised legal questions regarding judicial jurisdiction following the 27th Constitutional Amendment, as well as questions related to Article 175(2) and prison laws. The applicant argued that since the court’s order was time-bound, an early hearing of the matter was necessary.
The SC’s August 18 order had directed Adiala Jail authorities to transfer Imran to Shifa Hospital for medical assessment and treatment within two days, a deadline that expired on Wednesday.
The court had also ordered the constitution of a medical board and directed that Imran’s sister Dr Uzma and his personal physician be present during his medical assessment and treatment, with his family to bear the expenses.
However, the government took Khan to Pims last night, where doctors examined him before he was taken back to Adiala jail late at night — a move that the political party termed “contempt of court”.
Separately, the government — a day later — filed a review petition contending that the Supreme Court’s order exceeded the court’s jurisdiction and should be reviewed.
The petition argued that the relevant statutory provision appeared to have escaped the court’s notice, resulting in an error apparent on the face of the record. “Had the Court taken note of the above-noted provision of law, the order under review could not have been passed,” the petition said.
The petition further argued that Imran had been regularly examined and treated by medical boards on several occasions, and that the court should have sought the opinion of medical experts before deciding on his transfer on health grounds.
‘Completely healthy’
Federal Information Minister Atta Tarar later said in a social media post that Khan was completely healthy.
“A team of qualified doctors, including an ophthalmologist, a cardiologist and a physician, conducted a detailed examination of him and declared him medically fit,” Tarar said on Friday morning.
Meanwhile, the Imran Khan-founded party filed a contempt petition over the alleged violation of the Supreme Court’s order.
In its petition, the party sought initiation of contempt proceedings against those allegedly responsible, along with show-cause notices and directions for their personal appearance before the court.
PTI Secretary-General Salman Akram Raja and Uzair Bhandari filed the petition on behalf of Khan’s sister, Dr Uzma Khan.
In its contempt petition, PTI asked the court to declare the respondents guilty of contempt of court and punish them in accordance with the law.
The petition also sought the immediate transfer of the PTI founder to Shifa International Hospital in Islamabad for a medical examination.
It further requested the court to appoint a judicial officer or constitute a local commission to oversee and ensure implementation of its order.
