ISLAMABAD – The Supreme Court of Pakistan on Wednesday sought assistance from the Attorney General for Pakistan (AGP) on how the Federal Constitutional Court (FCC) could hear the case concerning PTI founder Imran Khan’s transfer to a hospital.
A Supreme Court three-member bench headed by Justice Shahid Waheed was hearing petitions related to Khan’s medical treatment and transfer from Adiala Jail to a hospital. The hearing came a day after the FCC summoned the records of cases concerning Khan’s hospital transfer from the Supreme Court.
Additional Attorney General Rana Asad informed the Supreme Court that the FCC had issued an order seeking the record of the case.
Justice Waheed noted that the Supreme Court had summoned government officials in its August 18 order, but none had appeared. He questioned whether their failure to appear amounted to disobedience of the court’s directions.
The judge also asked whether the remaining parts of the Supreme Court’s order were being implemented, including arrangements for meetings with Khan and communication with his sons.
Justice Waheed observed that the FCC could not intervene in matters concerning the Quran and Sunnah, while it could interpret the Constitution. He asked the AGP to clarify the extent of the FCC’s jurisdiction and whether the Supreme Court was bound by its order.
The AGP replied that the Constitution empowers the FCC to summon not only case records but also cases themselves, adding that the scope of this power needed to be determined.
Justice Waheed said the FCC order stated that records were being summoned so that cases could be fixed for hearing. He questioned the legal implications of the direction and asked the AGP to assist the court on how the FCC could hear the matter.
The judge also expressed concern over the absence of Adiala Jail officials, who had been summoned in person. He questioned whether warrants should be issued for the jail superintendent over alleged non-compliance with the Supreme Court’s directions. The AGP requested that the official be given another opportunity to appear.
The bench also discussed the government’s position in its review petition that Imran Khan could not be treated at a private hospital.
Justice Waheed said the Supreme Court was seeking to understand the constitutional intent behind the FCC’s order and stressed that the questions raised by the bench should not be viewed negatively, as the judiciary should operate with mutual respect.
The AGP said the Constitution clearly defines the respective jurisdictions of the FCC and Supreme Court. Justice Waheed, however, questioned the FCC’s reference to determining which court could hear fundamental-rights cases, noting that fundamental rights arise in virtually every case, including the right to a fair trial.
The Supreme Court asked the AGP to assist it on the implications of the FCC’s direction to summon records and fix cases for hearing.
AGP Mansoor Usman Awan requested that the hearing be adjourned for three weeks. The Supreme Court accepted the request and adjourned the case for three weeks.
