FCC Summons Supreme Court Records In Imran Khan Hospital Case
Three-Judge Bench Seeks Records As Jail Inmates Demand Equal Medical Treatment Rights
Islamabad – (Staff Reporter/Web Desk) – The Federal Constitutional Court summons Supreme Court records this week, opening a fresh chapter in the ongoing debate over prisoner healthcare rights in Pakistan. The move came during a hearing on appeals filed by three Adiala Jail inmates.
A three-member bench led by Chief Justice Aminuddin Khan took up the matter. Justice Aamer Farooq and Justice Ali Baqar Najafi also sat on the panel. The inmates want the same hospital access once given to former prime minister Imran Khan.
Attorney General Mansoor Usman Awan asked the court to call in the case file from the Supreme Court. He pointed to Article 175E(5) of the Constitution, which lets the FCC review any court’s record when a constitutional question is involved.
Chief Justice Khan noted the core argument put forward by the applicants. They believe the law should treat rich and poor citizens the same way, without exception. This idea sits at the heart of their petition.
Justice Najafi pressed the attorney general on an important point. He asked if any formal objection had been raised earlier before the Supreme Court. Awan explained that the top court passed its order without giving prior notice to his office.
He added that Additional Attorney General Amir Rehman had flagged concerns at that time. Justice Najafi then questioned whether the Supreme Court should have settled the issue of maintainability first. Awan agreed that this step made sense.
Justice Farooq offered his own observation during the proceedings. He said the case before the Supreme Court was criminal in nature. The matter now before the FCC, however, stems from a ruling by the Islamabad High Court.
He also pointed out that the Supreme Court’s earlier order remains interim, not final. This detail could shape how the FCC handles the records once they arrive. Justice Najafi framed the real question simply: which court now holds authority over such matters.
In its written order, the FCC confirmed that the attorney general appeared after receiving formal notice. He told the bench that the dispute touches on jail facility rules, constitutional interpretation, and basic legal rights.
The court has now directed the Supreme Court registrar to share the relevant file. It also asked for records tied to similar pending cases in other courts. The advocate generals of Islamabad and Punjab must submit detailed replies at the next hearing.
The three inmates behind this plea are Muhammad Ilyas Khan, Mohammad Ismail Hussain, and Owais Altaf. They turned to the FCC after a single judge at the Islamabad High Court rejected their request on August 31.
That earlier ruling stated that no prisoner holds an automatic right to choose a private hospital. The inmates leaned on Article 25 of the Constitution, which guarantees equal treatment under the law for every citizen.
They referenced the Supreme Court’s August 18 order involving Imran Khan and asked for a transfer to Shifa International Hospital. The petitioners also asked for permission to speak with relatives abroad through WhatsApp, a facility they say Khan already enjoys.
The case now moves forward with fresh scrutiny on jurisdiction and fairness. Many will watch closely to see how the FCC balances constitutional rights with prison security rules in the weeks ahead.
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