- AGP says FCC, SC jurisdictions are constitutionally defined.
- SC questions implementation of remaining August 18 directions.
- FCC sought records while hearing Adiala inmates’ appeals.
ISLAMABAD: The Supreme Court on Wednesday sought legal assistance from the Attorney General for Pakistan on the Federal Constitutional Court’s (FCC) jurisdiction to summon records and fix Imran Khan’s hospital transfer case for hearing.
A three-member bench headed by Justice Shahid Waheed and comprising Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim heard petitions concerning the PTI founder’s medical treatment and meetings with his family.
AGP Mansoor Usman Awan appeared before the bench and read out the FCC’s order, under which the constitutional court had summoned records of proceedings concerning Imran’s transfer to Shifa International Hospital.
The FCC had sought the records while hearing appeals filed by three Adiala jail inmates seeking treatment at private hospital and facilities similar to those granted to the former premier. The constitutional court had also sought records of similar matters from the high courts.
During today’s hearing, Awan told the top court that the Constitution empowered the FCC to summon records and cases involving constitutional questions.
Justice Waheed, however, pointed to the wording of the FCC’s order, which stated that the records would be summoned and the cases fixed for hearing.
“The word ‘fix cases’ in the Federal Constitutional Court’s order is bothering us,” Justice Waheed observed.
The judge wondered how the FCC could hear the cases and sought the AGP’s assistance on the matter.
Awan said the Constitution clearly defined the jurisdictions of the FCC and Supreme Court, adding that he would assist the bench in determining where the constitutional court could summon records from.
Justice Waheed said the SC was seeking to understand the intention behind the FCC’s order and stressed that the questions being raised should not be given a negative interpretation.
“We believe in mutual respect between the judiciary,” the judge observed.
The bench noted that the FCC’s order stated that it would determine which courts could hear cases involving fundamental rights.
“Fundamental rights are involved in every case,” Justice Waheed remarked, citing the right to a fair trial as an example in criminal proceedings.
The judge also observed that the FCC could interpret the Constitution, while matters other than constitutional interpretation remained with the SC.
The bench then questioned whether it should dismiss the petitions or refrain from hearing them in view of the FCC’s order.
Awan said it needed to be determined from where the FCC could summon records and what the consequences would be of its direction to fix cases for hearing. The AGP requested three weeks to assist the court on the matter.
The Supreme Court accepted the request and adjourned the hearing for three weeks.
SC questions compliance with August 18 order
During the hearing, Justice Waheed also raised questions over compliance with the SC’s August 18 order regarding Imran’s medical treatment and family meetings.
The judge noted that the court had directed government officials to appear before it and questioned why none of them had attended Wednesday’s hearing.
He said there appeared to be “some misunderstanding” and asked whether the remaining parts of the SC’s order were being implemented.
Awan said the officials should have appeared before the court and requested that they be given another opportunity.
The bench also asked if the former premier had been allowed to meet his family members and speak to his children.
Justice Waheed then raised the possibility of issuing warrants for the Adiala jail superintendent, while the AGP requested the top court to give the officials another opportunity, saying they may have believed the case would not be taken up that day.
The jurist observed that the Supreme Court’s August 18 order remained in force.
The SC bench also noted that the government’s review petition stated that treatment could not be provided at a private hospital, while its order concerning medical facilities was still operative.
SC’s August 18 order
On August 18, the top court directed Adiala jail authorities to transfer Imran to Shifa International Hospital for medical assessment and treatment.
Imran, 73, has remained in prison since August 2023 following convictions he and his party describe as politically motivated.
Since his ouster in April 2022 following a no-confidence vote, he has faced multiple legal cases, including allegations of state gifts and an unlawful marriage case.
The bench also ordered the formation of a medical board comprising specialists and permitted Imran’s sister Dr Uzma Khan and former health adviser Dr Faisal Sultan to remain associated with his medical examination and treatment.
The government instead took the former premier to the Pakistan Institute of Medical Sciences (Pims), citing security concerns.
The development prompted Dr Uzma Khan to file a contempt petition alleging non-compliance with the Supreme Court’s order.
During Wednesday’s hearing, Imran’s lawyer Uzair Bhandari told the court that only one of his sisters had been able to meet him.
PTI Secretary-General and lawyer Salman Akram Raja, who also appeared in today’s hearing, argued that no constitutional interpretation was required in Imran’s appeal or the contempt petitions.
He said the PTI founder had not been transferred to Shifa hospital despite the Supreme Court’s order.
The court said it would consider the matter after receiving the AGP’s assistance at the next hearing.
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