IK hospital transfer pleas: SC seeks AGP’s views on jurisdiction
ISLAMABAD: The Supreme Court, in view of Article 175-E of the Constitution, sought assistance from the Attorney General on whether the Supreme Court or the Federal Constitutional Court (FCC) is empowered to hear petitions seeking the shifting of former premier Imran Khan to a private hospital for medical examination. A three-member bench, headed by Justice Shahid Waheed and comprising Justice…
The Supreme Court in Pakistan sought guidance from the Attorney General on whether it or the Federal Constitutional Court has the authority to hear petitions requesting the transfer of former Prime Minister Imran Khan to a private hospital for a medical examination. During a three-member bench hearing on August 18, the court directed the government to transfer Imran Khan to Shifa International Hospital for a medical check-up.
However, the Federal Constitutional Court intervened on September 15, 26, requesting the Supreme Court's records in relation to the medical examination case. The FCC argued that the fixation of these cases before the Supreme Court did not fall under Article 175-E(5) of the Constitution, which permits the FCC to request records of cases involving a substantial question of the interpretation of the Constitution.
The Supreme Court believed that it was appropriate to seek the Attorney General's opinion on the proper course of action in these proceedings to maintain the harmony between the two highest judicial institutions and ensure the proper functioning of the judiciary. The cases have been brought before the Supreme Court through the Code of Criminal Procedure and the Contempt of Court Ordinance.
The court has adjourned the matter for three weeks while awaiting the Attorney General's advice on how to proceed.
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