FCC Summons Supreme Court Record on Imran Treatment Case

A three-member FCC bench, headed by Chief Justice Aminuddin Khan and comprising Justice Aamer Farooq and Justice Ali Baqar Najafi, heard petitions filed by three Adiala Jail prisoners seeking access to private hospitals and other medical facilities similar to those provided to Imran Khan.

During the proceedings, Attorney General for Pakistan Mansoor Usman Awan requested the court to summon the record of the case from the Supreme Court. He said Article 175E(5) of the Constitution empowered the FCC to call for records from any court in matters involving constitutional interpretation.

Chief Justice Aminuddin Khan observed that the petitioners’ position was that the Constitution and law should apply equally to all citizens, regardless of their social or financial status.

Justice Ali Baqar Najafi asked the attorney general whether the government had raised an objection before the Supreme Court. Awan replied that the apex court had passed its order without issuing notice to the government, adding that Additional Attorney General Amir Rehman had raised an objection during the proceedings.

Justice Najafi further questioned whether the Supreme Court should have first determined the maintainability of the matter. The attorney general responded in the affirmative and maintained that the power to interpret constitutional questions now rested with the FCC.

Justice Aamer Farooq noted that the proceedings before the Supreme Court were criminal in nature, whereas the matter before the FCC stemmed from an Islamabad High Court (IHC) judgment.

He also observed that the Supreme Court’s order was still interim. Justice Najafi said the central issue before the FCC was one of jurisdiction, particularly which court was competent to hear matters involving constitutional interpretation and fundamental rights.

The attorney general said the case involved questions concerning judicial jurisdiction, interpretation of the Constitution and law, and enforcement of fundamental rights.

In its written order, the FCC noted that the attorney general appeared before the court after being served notice. He submitted that the petitions involved the jurisdiction of courts over jail facilities as well as constitutional and legal interpretation.

According to the order, Awan informed the court that the issue had also been considered in a similar application before the Supreme Court, which issued an order on August 18.

The FCC said it was seeking records from the Supreme Court and high courts under Article 175E(5) of the Constitution. The court directed the Supreme Court registrar’s office to provide the relevant record and also sought details of similar cases pending before the Supreme Court and high courts.

The court further directed the advocate generals of Islamabad and Punjab to submit comprehensive responses at the next hearing.

The petitions were filed by three Adiala Jail prisoners — Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf — after a single-member IHC bench dismissed their pleas on August 31.

The IHC had ruled that prisoners did not have a legal right to demand transfer to a private hospital of their choice.

The petitioners had invoked Article 25 of the Constitution, arguing that all citizens are equal before the law. They sought medical facilities comparable to those provided to Imran Khan and referred to the Supreme Court’s August 18 order regarding his proposed transfer to Shifa International Hospital.

The prisoners also sought permission to communicate through WhatsApp with people living abroad, citing similar communication facilities reportedly available to the PTI founder.