By The South Asia Times

ISLAMABAD - Pakistan's Supreme Court on Thursday returned a review petition filed by the federal government challenging its August 18 order to transfer incarcerated former Prime Minister Imran Khan to Shifa International Hospital, citing incomplete documentation, according to court officials.

The Supreme Court registrar's office returned the petition, stating that the paper books were incomplete, an informed source told Daily Dawn . The government may refile the petition with amendments along with an appeal against the registrar's objections.

Reacting to the development, Pakistan Tehreek-e-Insaf (PTI) Secretary General Salman Akram Raja declared that the state had "withdrawn its review petition" following the court's objections.

"There is no excuse whatsoever for not complying with the SC order of Aug 18. Imran Khan sahib must be transferred to Shifa International Hospital forthwith. Today is the day," Raja said.

On Tuesday, a three-member bench headed by Justice Shahid Waheed, comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim, issued interim directions ordering the government to shift the PTI founder to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board.

The court also allowed Khan's personal physician and sister to remain associated with his medical care and directed authorities to facilitate regular family contact.

However, the government on Wednesday approached the Supreme Court to review and recall its order, arguing that the directive was discriminatory and issued in violation of prison rules and principles of natural justice.

The review petition, moved through the Islamabad chief commissioner under Article 188 of the Constitution, argued that Rule 197 of the Pakistan Prison Rules, 1978 — which governs the manner and mode of transferring a prisoner to a hospital — had escaped the court's attention.

"Had the Supreme Court taken note of this provision of law, the order under review could not have been passed," the petition argued .

The government contended that ordering the treatment of a convict in a private hospital based on a report that did not disclose any condition requiring immediate medical treatment "would severely disturb the entire criminal justice system" .

Addressing a news conference in Islamabad, Information Minister Attaullah Tarar questioned whether all prisoners should be provided access to private hospitals, stressing that health issues should remain separate from politics.

"There is no ambiguity regarding his treatment," Tarar said, adding that healthcare facilities were being provided under the jail manual and all applicable rules.

Minister of State for Interior Talal Chaudhry alleged that after using all other tactics, Imran was now relying on a "sympathy card" and questioned why those who made health a political agenda did not make performance their agenda instead.

In response, the PTI criticized the ministers for their press conference on Khan's health, describing their remarks as "irresponsible, insensitive and shameful".

"Saying that SC orders were not subject to the government's wishes, the party urged the government to comply with the order, rather than trying to make the decision controversial through press conferences and political statements," the party said in a statement.

Khan, 73, has been incarcerated at Adiala Jail in Rawalpindi since August 2023 following his conviction in multiple cases, which he and his party maintain are politically motivated. The PTI has repeatedly raised concerns about the former prime minister's health and access to medical care during his detention.