ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday ordered the Supreme Court to provide records of proceedings related to the proposed transfer of former prime minister and Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to Shifa International Hospital for medical treatment.
A three-member FCC bench, headed by Chief Justice Aminuddin Khan and comprising Justice Aamer Farooq and Justice Ali Baqar Najafi, was hearing appeals filed by three inmates of Adiala Jail who are seeking access to private medical facilities and other privileges similar to those granted to Imran Khan.
Attorney General Mansoor Usman Awan requested the court to requisition the relevant record from the Supreme Court. He argued that Article 175E(5) of the Constitution authorises the FCC to call for records from other courts in matters involving constitutional interpretation.
Chief Justice Aminuddin Khan remarked that the petitioners’ basic argument was that constitutional and legal rights should be applied equally, regardless of a person’s social or economic status.
Justice Najafi asked the attorney general whether the federal government had objected to the proceedings before the Supreme Court. Awan replied that the Supreme Court had passed its order without first issuing notice to the government, adding that Additional Attorney General Amir Rehman had raised an objection before the apex court.
The judge further questioned whether the Supreme Court should have determined the maintainability of the case before proceeding. The attorney general agreed.
Awan maintained that jurisdiction over constitutional interpretation now fell within the FCC’s domain.
Justice Farooq observed that the proceedings before the Supreme Court were criminal in character, whereas the FCC matter had originated from an Islamabad High Court judgment. He also pointed out that the Supreme Court’s order was interim in nature.
Justice Najafi said the central issue before the FCC was determining which forum had jurisdiction where constitutional interpretation and fundamental rights were involved.
The attorney general said the dispute involved questions concerning judicial jurisdiction, constitutional interpretation and the enforcement of fundamental rights.
In its written order, the FCC noted that the attorney general had appeared before the court pursuant to a notice and submitted that the petitions involved the jurisdiction of courts regarding jail facilities as well as questions of constitutional and legal interpretation.
The court was informed that the matter before it, along with a similar application, had also been addressed in an August 18 Supreme Court order.
The FCC subsequently directed the Supreme Court registrar to furnish the relevant record. It also called for details of similar cases pending before the Supreme Court and various high courts under Article 175E(5).
Advocate generals of Islamabad and Punjab were directed to file detailed responses before the next hearing.
Three Adiala inmates seek equal facilities
The petitions were filed by Adiala Jail inmates Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf after a single-member bench of the Islamabad High Court rejected their pleas on August 31.
The IHC had ruled that prisoners do not possess an absolute legal entitlement to demand treatment at a private hospital of their choosing.
The petitioners invoked Article 25 of the Constitution, which guarantees equality before the law, and argued that they should receive medical facilities comparable to those being made available to Imran Khan.
They also cited the Supreme Court’s August 18 order concerning the PTI founder and sought permission to be transferred to Shifa International Hospital for treatment.
In addition to medical facilities, the inmates requested permission to communicate with individuals overseas through WhatsApp, claiming that similar communication facilities had been allowed to Imran Khan.
