The Federal Constitutional Court (FCC) has summoned the complete record of a Supreme Court case concerning former prime minister Imran Khan’s transfer to a private hospital, while also seeking records of any similar cases heard by high courts.
The development came during the hearing of a petition filed by three inmates of Adiala Jail, who are seeking permission to undergo medical examinations at a private hospital in light of the relief previously granted to Imran Khan.
Article 175-E, introduced through the 27th Constitutional Amendment, empowers the FCC to call for records of cases and determine matters involving significant questions of constitutional law.
A three-member FCC bench, headed by Chief Justice Aminuddin Khan and comprising Justices Ali Baqar Najafi and Aamer Farooq, heard the petition.
The inmates are seeking medical treatment similar to that granted to Imran under a Supreme Court order issued on August 18. The order directed the government to transfer Imran to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board.
The FCC observed that the petition concerning the three Adiala inmates stemmed from the August 18 Supreme Court order and therefore directed that the complete record of the case be produced.
The bench further observed that it would identify and frame constitutional questions for final determination in its detailed order, which will be issued later.
The records were summoned after Attorney General for Pakistan Mansoor Usman Awan argued that the 27th Constitutional Amendment had changed the jurisdiction concerning fundamental rights and constitutional interpretation.
According to the attorney general, the Supreme Court no longer had jurisdiction to protect fundamental rights in such matters, with those powers now falling within the FCC’s domain following the insertion of Article 175-F.
He argued that it would therefore be appropriate for the FCC to call for the complete record of the proceedings pending before the Supreme Court.
Referring to the August 18 order, the attorney general said the issue had assumed greater significance as other prisoners had begun approaching courts for medical facilities similar to those granted to Imran Khan.
During the hearing, Chief Justice Aminuddin Khan observed that constitutional provisions and laws must apply equally to both the rich and the poor.
Justice Ali Baqar Najafi asked whether the government had raised objections before the Supreme Court during the August 18 hearing. The attorney general said Additional Attorney General Chaudhry Aamir Rehman had objected, but the Supreme Court proceeded to issue the order.
Justice Najafi questioned whether the Supreme Court should have first determined the maintainability of the petition, noting that the central constitutional issue before the FCC was which court now had jurisdiction over matters involving constitutional interpretation and fundamental rights.
Justice Aamer Farooq pointed out that the Supreme Court had issued an interim order on August 18.
The attorney general suggested that the FCC could direct the formation of a medical board for the three inmates if it considered it appropriate.
After hearing the arguments, the FCC summoned the relevant Supreme Court records and adjourned the hearing without setting a date for the next session.
The development came a day before the Supreme Court was scheduled to resume proceedings in a case concerning Imran Khan’s health.
The three prisoners Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf had initially approached the Islamabad High Court seeking relief following the Supreme Court’s August 18 order.
The IHC dismissed their petitions on August 31, ruling that prisoners did not have a legal right to be transferred to a private hospital of their choice. It held that responsibility for prisoners’ medical treatment primarily rested with the state’s administrative system and government hospitals.
The inmates subsequently approached the FCC to challenge the IHC decision.
They have asked the FCC to declare the IHC order null and void and grant them medical facilities similar to those provided to Imran Khan.
The petitioners have argued that Article 25 of the Constitution guarantees equality before the law and equal protection to all citizens. They maintain that since the Supreme Court’s August 18 order remained in force, they should also receive similar medical treatment.
They have also requested permission to communicate with family members abroad through WhatsApp calls, citing the facility granted to Imran Khan under the Supreme Court’s order.
