FCC summons top court's case records on shifting Imran Khan to Shifa Int'l Hospital

ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday summoned the Supreme Court's records of a case concerning the shifting of former prime minister Imran Khan to Shifa International Hospital for medical treatment.

A three-member FCC bench, headed by Chief Justice Aminuddin Khan and comprising Justice Aamer Farooq and Justice Ali Baqar Najafi, heard appeals filed by three Adiala Jail inmates seeking treatment at private hospitals and other facilities similar to the facilities granted to the former premier.

During the hearing, Attorney General Mansoor Usman Awan asked the FCC to summon the records of the Pakistan Tehreek-e-Insaf founder's case from the Supreme Court.

He said Article 175E(5) empowered the FCC to seek the records of any court on a question involving constitutional interpretation.

FCC CJ Khan observed that the applicant's contention was that the Constitution and law should apply equally to the rich and poor.

Justice Najafi asked the attorney general whether he had raised an objection before the Supreme Court.

The attorney general replied that the Supreme Court had issued the order without issuing notice to them, saying that Additional Attorney General Amir Rehman had raised an objection before the apex court.

Justice Najafi asked whether the Supreme Court should have first determined the maintainability of the matter, to which the attorney general replied in the affirmative.

Awan said the power of constitutional interpretation now rested with the FCC.

Justice Farooq observed that the case pending before the Supreme Court was criminal in nature, while the matter before the FCC had arisen from an Islamabad High Court (IHC) judgment.

He noted that the Supreme Court order was still interim.

Justice Najafi said the fundamental question before the FCC was jurisdiction, asking which court could now hear a case involving constitutional interpretation and fundamental rights.

The attorney general said the matter concerned judicial jurisdiction, interpretation of the Constitution and law, and enforcement of fundamental rights.

In a written order, the FCC stated that the attorney general appeared before it after being issued a notice. He submitted that the matter concerned judicial jurisdiction over jail facilities as well as interpretation of the Constitution and law.

He told the court that the current plea and a similar application had been the subject of a Supreme Court order issued on August 18.

The FCC said it was seeking records from the Supreme Court and high courts under Article 175E(5) of the Constitution.

The court directed the Supreme Court registrar's office to provide the relevant record. It also sought records of similar cases pending before the Supreme Court and high courts.

The court directed the advocate generals of Islamabad and Punjab to submit comprehensive replies at the next hearing.

The three inmates — Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf — approached the FCC after a single-member IHC bench dismissed their petitions on August 31.

The high court held that a prisoner had no legal right to be transferred to a private hospital of their choice.

The petitioners had invoked Article 25 of the Constitution, arguing that all citizens were equal before the law and seeking medical facilities similar to those available to Imran Khan.

They also referred to the apex court's August 18 order concerning Imran and sought their transfer to Shifa International Hospital.

The inmates further sought permission to communicate via WhatsApp with people living abroad, similar to the communication facilities available to the PTI founder.