- Court docket order challenged on grounds of constitutional jurisdiction.
- Federal govt says SC order exceeded jurisdiction in evaluate petition.
- SC had ordered Imran’s switch inside two days of August 18 ruling.
ISLAMABAD: The chief commissioner of Islamabad has filed an software within the Supreme Court docket looking for an early listening to of the evaluate petition in opposition to the court docket’s August 18 order directing the switch of PTI founder Imran Khan from Adiala jail to Shifa Worldwide Hospital.
The appliance sought early listening to of the evaluate petition, requesting the court docket to evaluate, amend and withdraw its August 18 order.
The petition challenged the directives to switch Imran from Adiala jail to a personal hospital in addition to the orders associated to his medical examination and remedy by way of a medical panel.
The appliance contended that the matter was not merely about medical services but in addition involved authorized and constitutional jurisdiction.
It raised authorized questions relating to judicial jurisdiction following the twenty seventh Constitutional Modification, in addition to questions associated to Article 175(2) and jail legal guidelines. The applicant argued that because the court docket’s order was time-bound, an early listening to of the matter was mandatory.
The SC’s August 18 order had directed Adiala Jail authorities to switch Imran to Shifa Hospital for medical evaluation and remedy inside two days, a deadline that expired on Wednesday.
The court docket had additionally ordered the structure of a medical board and directed that Imran’s sister Dr Uzma and his private doctor be current throughout his medical evaluation and remedy, along with his household to bear the bills.
Nonetheless, the federal government took Khan to Pims final evening, the place medical doctors examined him earlier than he was taken again to Adiala jail late at evening — a transfer that the political get together termed “contempt of court docket”.
Individually, the federal government — a day later — filed a evaluate petition contending that the Supreme Court docket’s order exceeded the court docket’s jurisdiction and needs to be reviewed.
The petition argued that the related statutory provision appeared to have escaped the court docket’s discover, leading to an error obvious on the face of the file. “Had the Court docket taken observe of the above-noted provision of legislation, the order below evaluate couldn’t have been handed,” the petition stated.
The petition additional argued that Imran had been recurrently examined and handled by medical boards on a number of events, and that the court docket ought to have sought the opinion of medical consultants earlier than deciding on his switch on well being grounds.
‘Utterly wholesome’
Federal Info Minister Atta Tarar later stated in a social media put up that Khan was utterly wholesome.
“A workforce of certified medical doctors, together with an ophthalmologist, a heart specialist and a doctor, performed an in depth examination of him and declared him medically match,” Tarar stated on Friday morning.
In the meantime, the Imran Khan-founded get together filed a contempt petition over the alleged violation of the Supreme Court docket’s order.
In its petition, the get together sought initiation of contempt proceedings in opposition to these allegedly accountable, together with show-cause notices and instructions for his or her private look earlier than the court docket.
PTI Secretary-Common Salman Akram Raja and Uzair Bhandari filed the petition on behalf of Khan’s sister, Dr Uzma Khan.
In its contempt petition, PTI requested the court docket to declare the respondents responsible of contempt of court docket and punish them in accordance with the legislation.
The petition additionally sought the fast switch of the PTI founder to Shifa Worldwide Hospital in Islamabad for a medical examination.
It additional requested the court docket to nominate a judicial officer or represent a neighborhood fee to supervise and guarantee implementation of its order.
