FCC summons Imran Khan’s hospital transfer case record from SC

The Federal Constitutional Court (FCC) on Tuesday called for the complete record of a case pending before the Supreme Court concerning the transfer of PTI founder Imran Khan to Shifa International Hospital.

The FCC also instructed that records of any similar cases heard by the high courts be produced before it. The order was passed by a three-member bench headed by Chief Justice Aminuddin Khan and comprising Justices Ali Baqar Najafi and Aamer Farooq while hearing a petition filed by three inmates of Adiala jail.

The prisoners are seeking permission to be shifted to a private hospital for medical examinations, citing the relief granted to Imran Khan by the Supreme Court in its Aug 18 order.

The FCC invoked Article 175-E of the Constitution while summoning the records. The provision was introduced through the 27th Constitutional Amendment and allows the FCC to call for the record of a case and determine matters involving important questions of constitutional law.

The bench said the inmates’ petition was linked to the Supreme Court’s Aug 18 order, which was why it wanted the complete record of the proceedings. It said constitutional questions arising from the matter would be identified and decided through an order to be issued later.

The issue of which court has jurisdiction over constitutional rights became central to Tuesday’s hearing.

Attorney General for Pakistan Mansoor Usman Awan argued that the constitutional changes had shifted the authority to deal with questions concerning fundamental rights and constitutional interpretation to the FCC.

He referred to the newly inserted Article 175-F and said matters involving constitutional interpretation or constitutional rights would now fall within the FCC’s jurisdiction. In view of this change, he argued, the FCC should obtain the complete record of the proceedings pending before the Supreme Court.

The attorney general also pointed to the consequences of the Aug 18 order, saying other prisoners had since approached courts seeking medical facilities similar to those provided to Imran.
Justice Ali Baqar Najafi asked whether the government had challenged the matter before the Supreme Court when the case was heard on Aug 18.

The AGP said Additional Attorney General Chaudhry Aamir Rehman had raised an objection at the time, but the Supreme Court proceeded to issue its order.

Justice Najafi then questioned whether the Supreme Court should have first examined whether the petition was maintainable. He said the key issue before the FCC was which court now had jurisdiction over cases involving constitutional interpretation and fundamental rights.

The AGP agreed, saying that was exactly the issue before the court. Justice Aamer Farooq, meanwhile, pointed out that the Supreme Court had issued only an interim order on Aug 18.

During the hearing, Chief Justice Aminuddin Khan stressed that constitutional and legal protections should apply equally to people regardless of their wealth or status.

The AGP also told the bench that, if considered appropriate, it could direct the formation of a medical board to examine the three Adiala inmates.

After hearing the arguments, the FCC ordered that the relevant record of Imran’s case be obtained from the Supreme Court. It also sought records of similar matters from the high courts.