Elaborating on Rule 197, the plea stated that it explained that government orders for the transfer of a prisoner would be obtained through the police inspector general (IG) in cases wherein a convicted or under-trial prisoner was to be admitted to the hospital for treatment
Faisal Sheikh
ISLAMABAD: The federal government on Wednesday filed a petition in the Supreme Court, seeking a review and recall of the SC order to shift incarcerated former prime minister Imran Khan to Islamabad’s Shifa International Hospital for medical examination and treatment.
The government’s review petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the federal capital’s chief commissioner a day after the SC’s ruling, termed the interim order “discriminatory”.
The petition, a copy of which is available with Dawn, stated that the order was “in excess of jurisdiction” and, therefore, “liable to be reviewed”.
The plea further stated that the order “suffers from errors of law floating on the surface of the record”.
It argued that Rule 197 of the Pakistan Prison Rules, 1978, which governs the manner and mode of the transfer of a prisoner to the hospital, had escaped SC’s attention in its ruling on Imran’s hospitalisation.
“Had the court taken note of the above-noted provision of law, the order under review could not have been passed,” the plea said.
Elaborating on Rule 197, the plea stated that it explained that government orders for the transfer of a prisoner would be obtained through the police inspector general (IG) in cases wherein a convicted or under-trial prisoner was to be admitted to the hospital for treatment.
However, in emergency cases, the jail superintendent was authorised to act as if the government sanction had been given, and if he did so, he should immediately inform the IG, the plea added, citing the rule.
Under the rule, in cases where a prisoner was to be moved to a hospital for an operation, the shifting should take place as close as possible to the time fixed for the operation, and the prisoner should be brought back to the prison hospital “as soon as this can conveniently be done”, the plea said.
Moreover, it contended that issuing directives for the treatment of a convict at a private hospital, and that too on the basis of a report that did not disclose any condition requiring immediate medical treatment, “will severely disturb the entire criminal justice system”.
Here, the mention of a report was a reference to the one submitted to the SC by the Adiala jail superintendent on Imran’s health, a day before the court’s interim order.
The petition also cited Article 25 of the Constitution, highlighting that it granted the fundamental right to be treated equally and that the “Constitution abhors discrimination and favouritism”.
It argued that “similarly placed convicts will claim the same special treatment afforded to the respondent (Imran) in violation of the prison rules”.
The SC order, therefore, was “discriminatory in nature as similarly placed prisoners have not been afforded the same opportunity of medical treatment at a private hospital of their own choosing”, the petition said.
“If the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief, which under the prevalent law, cannot be granted,” it added.
The plea also highlighted that the petition for Imran’s hospitalisation had the Islamabad district election commissioner nominated as one of the respondents. “But no notice was issued to him before the order. Thus, the August 18 order is liable to be recalled for being in violation of the principles of natural justice,” it contended.
