Petition contends SC August 18 interim order exceeds court\u2019s jurisdiction and should be reviewed
\n ISLAMABAD
\nThe 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\u2019s Shifa Inte\u00adrn\u00adati\u00adonal Hospital for medical examination and treatment.
\nThe government\u2019s review petition, filed by Islamabad Advocate General Naveed Hayat Malik on behalf of the federal capital\u2019s chief commissioner a day after the SC\u2019s ruling, termed the interim order \u201cdiscriminatory\u201d.
\nThe petition, a copy of which is available with Dawn, stated that the order was \u201cin excess of jurisdiction\u201d and, therefore, \u201cliable to be reviewed\u201d.
\nThe plea further stated that the order \u201csuffers from errors of law floating on the surface of the record\u201d.
\nIt 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\u2019s attention in its ruling on Imran\u2019s hospitalisation.
\n\u201cHad the court taken note of the above-noted provision of law, the order under review could not have been passed,\u201d the plea said.
\nElaborating 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.
\nHowever, 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.
\nUnder 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 \u201cas soon as this can conveniently be done\u201d, 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, \u201cwill severely disturb the entire criminal justice system\u201d. Here, the mention of a report was a reference to the one submitted to the SC by the Adiala jail superintendent on Imran\u2019s health, a day before the court\u2019s interim order.
\nThe petition also cited Article 25 of the Constitution, highlighting that it granted the fundamental right to be treated equally and that the \u201cConstitution abhors discrimination and favouritism\u201d.
\nIt argued that \u201csimilarly placed convicts will claim the same special treatment afforded to the respondent (Imran) in violation of the prison rules\u201d.
\nThe SC order, therefore, was \u201cdiscriminatory in nature as similarly placed prisoners have not been afforded the same opportunity of medical treatment at a private hospital of their own choosing\u201d, the petition said.
\n\u201cIf the interim order is not recalled, it will open a floodgate of prisoners seeking similar relief, which under the prevalent law, cannot be granted,\u201d it added.
\nThe plea also highlighted that the petition for Imran\u2019s hospitalisation had the Islamabad district election commissioner nominated as one of the respondents. \u201cBut 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,\u201d it contended. <\/p>\n","protected":false},"excerpt":{"rendered":"
Petition contends SC August 18 interim order exceeds court\u2019s jurisdiction and should be reviewed 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\u2019s Shifa Inte\u00adrn\u00adati\u00adonal Hospital for medical examination and treatment. The […]<\/p>\n","protected":false},"author":2,"featured_media":562826,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[],"class_list":["post-562813","post","type-post","status-publish","format-standard","has-post-thumbnail","category-top-news"],"yoast_head":"\n