FCC summons Supreme Court's case records on Imran's hospital transfer

Islamabad: On Tuesday, the Federal Constitutional Court (FCC) requested full records of cases pertaining to the transfer of PTI leader Imran Khan to Shifa International Hospital, which are currently in the Supreme Court's possession. The 27th Constitutional Amendment introduced Article 175-E, granting the FCC the ability to request the record of any case and adjudicate matters involving significant constitutional questions.

This particular request was made by a three-member FCC panel, presided over by Chief Justice Aminuddin Khan and comprising Justices Ali Baqar Najafi and Aamer Farooq, during a hearing of an application submitted by three inmates from Adiala jail. These detainees have requested a transfer to a private hospital for further medical examination, a request that has been granted to Imran Khan under an August 18 Supreme Court ruling.

Along with summoning Imran’s case files, the FCC also asked for records of any comparable cases from high courts. The panel emphasized that, due to the August 18 Supreme Court ruling, the entire case record from the Supreme Court under Article 175-E (5) of the Constitution was being requested. The panel also stated that it would formulate constitutional questions for a final decision in the order to be issued later.

The FCC obtained the request after Attorney General for Pakistan (AGP) Mansoor Usman Awan appeared before the court on Tuesday. Awan asserted that, following the passage of the 27th Amendment, the Supreme Court can no longer safeguard fundamental rights; instead, such authority now lies with the FCC. Therefore, Awan argued, it would be prudent for the FCC to request the complete case record of the Supreme Court case.

Citing the August 18 decision, Awan contended that the matter had become a problem as several inmates were now approaching courts to seek similar privileges granted to Imran.