Government argues constitutional reasons prevent Imran Khan's

The federal government on Wednesday filed an appeal with the Supreme Court of Pakistan (SCP) to rescind a Tuesday decision by the Court allowing former Prime Minister (PM) Imran Khan to receive medical treatment at a private hospital in Islamabad. The capital's Advocate General, Naveed Hayat Malik, filed the plea on behalf of Islamabad's chief commissioner, saying the order was "discriminatory."

The governemnt was determined to make the case to keep Khan from leaving Adiala Jail where he is currently imprisoned, quoting Section 197 of the Pakistan Prison Rules, 1978, which governs the manner and mode of the transfer of a prisoner to the hospital, arguing that responsibility for medical treatment, except in cases of emergency, required a process involving the Inspector General of Police. 

The government also argued that Article 25 of the Constitution granted the fundamental right to be treated equally and that the “Constitution abhors discrimination and favouritism." The government argued that if the SCP allowed Khan to receive special treatment it would "open a floodgate" of other prisoners demanding similar treatment that could "severely disturb the entire criminal justice system.”

The government further said that Article 10-A of the Constitution guaranteed the right to a fair trial and due process., which could not be maintained in this case. “Due process encompasses a fair notice of hearing to both parties. In the present case, the criminal appeal was fixed for the first time, and as such, no notice of hearing has been issued by the bench nor leave to appeal has been granted by the court,” the plea contended.

The petition will be heard by the same bench that delivered the verdict, under Order IV, Rule 28 of the SCP Rules 2025. 

Information Minister Attaullah Tarar and Minister of State for Interior Tallal Chaudhry commented on the decision with the latter noting that the former PM had played "the sympathy card." Meanwhile, Tarrar said the government was not keen on "politicising" the issue of Khan's health. Neither was keen to comment on speculation that Khan's hospital visit might lead to other forms of relief for the embattled former PM.