Lahore:The Pakistan government on Thursday refiled a review petition in the Supreme Court, urging it to modify its order to shift jailed former premier Imran Khan to a private hospital for treatment.
The apex court on Tuesday directed that 73-year-old Pakistan Tehreek-e-Insaf founder be taken to Shifa International Hospital in Islamabad “within the next two days”, and he shall remain there until the next hearing on September 16.
The government first announced it would implement the order but later filed a petition in the apex court, seeking a review and recall of its order.
According to reports, the court's registrar's office returned the petition, citing incomplete paper books as the reason.
"The government has again filed a review petition," Rana Sanaullah, the Advisor to the Prime Minister on Political Affairs, told reporters outside the Parliament.
Sanaullah also said that the relief given by the apex court to Khan was not in accordance with the law.
The development came as the court's deadline to shift Khan expires at 12 tonight.
Sanaullah, however, claimed that there is no deadline for transferring Khan to the hospital.
He added that the government has filed the review petition and it is expected that a decision will be taken on it “today or tomorrow” and after which the situation will become clearer.
Sanaullah said that the government is bound by the constitution and law and the decisions of the Supreme Court are binding on subordinate courts. However, according to him, the government believes that this decision will have wide-ranging implications on the criminal justice system.
He asked: "Will every prisoner then be shifted to a private hospital?" and added that it opens ways for “1,000 applications” for shifting to private hospitals.
Meanwhile, private media reported that the government may shift Khan before the end of the deadline to avoid confrontation. While sources said that it was possible to shift him to a government hospital in the first stage and take him to a private hospital on the advice of doctors.
Earlier, PTI Secretary-General Salman Akram Raja said the state withdrew the review petition after 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,” he said.
Khan’s party has threatened to file a contempt of court petition against the government on Friday if he is not admitted to hospital by Thursday 11.59 p.m.
The party's warning came hours after the apex court returned the government's review petition.
The court order followed months of concern raised by Khan’s family and supporters over his health, and repeated allegations of being denied access to adequate medical care.
"The Supreme Court had ordered that Imran Khan must be shifted to Shifa International Hospital, Islamabad, within two days (by Thursday midnight). However, the order has yet to be implemented. If he is not shifted by 11.59 pm tonight, the court itself can initiate contempt of court proceedings and rightly so,” the party said in a statement.
“If the Supreme Court does not, PTI’s legal team has prepared a petition that will be filed tomorrow morning," it said, adding that the top court’s order is mandatory.
One of the main concerns in Khan’s case was an eye condition. The former cricketer-turned-politician was taken to the Pakistan Institute of Medical Sciences in Islamabad for eye treatment multiple times over the last few months after his ailment -- right central retinal vein occlusion -- came to light in late January.
Demands to move him to a private hospital intensified since then. His relatives and party colleagues have repeatedly alleged human rights violations, and accused the authorities of restricting his access to adequate medical care, family visits and legal counsel.