Imran Khan Hospital Transfer Case: Supreme Court Summons Attorney General
ISLAMABAD, PAKISTAN — WEB DESK: The Supreme Court on Wednesday sought the assistance of Attorney General for Pakistan Mansoor Usman Awan in proceedings concerning PTI founder and former prime minister Imran Khan’s medical treatment and transfer to a private hospital, after a parallel order by the Federal Constitutional Court raised questions about jurisdiction over the matter.
A three-member Supreme Court bench headed by Justice Shahid Waheed, and comprising Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim, took up petitions relating to Imran’s medical treatment, proposed transfer from Adiala Jail and meetings with family members.
At the beginning of the hearing, Additional Attorney General Rana Asad informed the bench that the Federal Constitutional Court had issued an order a day earlier calling for records of cases concerning Imran’s proposed hospital transfer.
The FCC had sought the complete record of relevant proceedings pending before the Supreme Court as well as records of similar cases before the high courts.
The development created a jurisdictional question because the Supreme Court was already hearing proceedings relating to the implementation of its earlier order concerning Imran’s medical treatment.
Supreme Court Questions Effect of FCC Order
During Wednesday’s proceedings, the Supreme Court raised questions over how the Federal Constitutional Court’s order affected the case already pending before it.
Justice Shahid Waheed questioned whether the Supreme Court was required to stop hearing the matter following the FCC’s decision to call for the case record, according to reports of the proceedings.
The bench sought assistance from the attorney general on the legal and constitutional implications.
PTI lawyer Salman Akram Raja, appearing during the hearing, argued that the proceedings did not require constitutional interpretation and maintained that the Supreme Court could continue dealing with the matter.
He also told the court that its earlier directive to transfer Imran to Shifa International Hospital had not been implemented.
The Supreme Court said it would consider the matter after receiving assistance from the attorney general at the next hearing.
What Did Supreme Court Order in August?
The current proceedings stem from a Supreme Court order issued on August 18.
The court directed the government to transfer Imran from Adiala Jail to Shifa International Hospital in Islamabad within two days for medical examination and treatment. It also ordered the formation of a specialised medical board.
Imran was subsequently taken to the government-run Pakistan Institute of Medical Sciences (PIMS) rather than Shifa.
Information Minister Attaullah Tarar said at the time that Imran underwent medical examination at PIMS by specialists, including doctors from Shifa, and was declared medically fit before being returned to Adiala Jail. The government cited security concerns surrounding a transfer to Shifa.
PTI later filed a contempt petition alleging that taking Imran to PIMS instead of Shifa violated the Supreme Court’s directive.
The government, however, has maintained that it complied with the court’s directions regarding Imran’s medical care and has rejected claims that he has been denied appropriate treatment.
Federal Constitutional Court Calls for Records
The latest complication arose from separate proceedings before the Federal Constitutional Court involving three Adiala Jail prisoners seeking private medical treatment similar to the facility ordered for Imran.
A three-member FCC bench headed by Chief Justice Aminuddin Khan, with Justices Ali Baqar Najafi and Aamer Farooq, sought records of Imran’s hospital-transfer proceedings from the Supreme Court and similar cases from high courts.
The FCC invoked Article 175-E of the Constitution, introduced through the 27th Constitutional Amendment. The provision empowers the FCC to call for case records and deal with matters involving major questions of constitutional law.
During those proceedings, Attorney General Mansoor Usman Awan argued that questions involving fundamental rights and constitutional interpretation now fell within the jurisdiction of the Federal Constitutional Court following the constitutional changes.
The Supreme Court is now seeking the attorney general’s assistance on how that development affects the proceedings already before it.
The issue is therefore no longer limited to where Imran Khan should receive medical treatment. It also involves a legal question about the respective jurisdiction of Pakistan’s Supreme Court and Federal Constitutional Court.
No final ruling on that jurisdictional issue has yet been reported, making the case a developing judicial matter.
