ISLAMABAD: Pakistan’s Federal Constitutional Court (FCC) on Tuesday summoned the complete record of pending cases before the Supreme Court concerning the transfer of jailed Pakistan Tehreek-i-Insaf (PTI) founder Imran Khan to Shifa International Hospital, a private hospital.
A three-member FCC bench, headed by Chief Justice Aminuddin Khan and comprising Justices Ali Baqar Najafi and Aamer Farooq, summoned the records while hearing a petition filed by three inmates of Adiala jail seeking transfer to a private hospital for medical examination.
The inmates had sought similar relief to that granted to Imran Khan by the Supreme Court in its August 18 order.
The Supreme Court’s (SC) August 18 interim order directed the government to shift Imran Khan to Shifa International Hospital within two days for medical examination and treatment by a multidisciplinary medical board, while allowing weekly family meetings and twice-weekly telephone calls with his sons.
The FCC also sought records of similar cases from the high courts and observed that the present matter originated from the Supreme Court’s August 18 order.
The bench said it would frame constitutional questions for final determination in its order, which would be issued later. The development comes a day before the Supreme Court is scheduled to resume hearing the case concerning Imran’s health on September 16.
AGP questions SC jurisdiction
Attorney General for Pakistan (AGP) Mansoor Usman Awan told the FCC that, following the passage of the 27th Amendment, the Supreme Court no longer had the authority to protect fundamental rights and that such powers now rested with the FCC.
He said Article 175-E empowered the FCC to call for the record of any case involving major questions of constitutional law, while Article 175-F provided for matters relating to constitutional interpretation and constitutional rights to be heard by the FCC.
The AGP argued that it would be prudent for the FCC to summon the complete record of the case pending before the Supreme Court.
Referring to the August 18 order, he said the matter had become problematic as several inmates were now approaching courts seeking similar facilities to those extended to Imran. Chief Justice Khan observed that the Constitution and the law must apply equally to the rich and the poor.
Justice Najafi asked whether the government had raised objections before the Supreme Court during the August 18 hearing. The AGP recalled that Additional Attorney General Chaudhry Aamir Rehman had objected, but the court had issued its order.
“Shouldn’t the Supreme Court have first determined the maintainability of the petition?” Justice Najafi asked, adding that the fundamental question concerned which court would now hear cases relating to constitutional interpretation and fundamental rights. “That is precisely the case,” the AGP replied.
Justice Farooq observed that the Supreme Court had issued only an interim order at the time. The AGP suggested that the FCC could order the constitution of a medical board if it deemed fit.
IHC dismisses inmates’ petitions
The three inmates had moved the Islamabad High Court (IHC) last month seeking relief after the Supreme Court’s August 18 order. However, the IHC dismissed their petitions on August 31, holding that a prisoner had no legal right to be transferred to a private hospital of his choice.
It also observed that the primary responsibility for prisoners’ treatment rested with the state’s administrative structure and government hospitals. The inmates subsequently approached the FCC last week to challenge the IHC order.
The Supreme Court is also expected to take up contempt proceedings initiated by Imran’s sister, Dr Uzma Khan, who has accused government functionaries of violating the August 18 directive by taking the former premier to Pakistan Institute of Medical Sciences (PIMS) instead of Shifa International Hospital.
