The Supreme Court on Wednesday requested legal guidance from the Attorney General for Pakistan regarding the Federal Constitutional Court’s (FCC) authority to summon records and schedule hearings related to former Prime Minister Imran Khan’s hospital transfer case. A three-judge bench, led by Justice Shahid Waheed and including Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim, resumed consideration of petitions concerning Imran Khan’s medical treatment and family visitations.

Attorney General Mansoor Usman Awan appeared before the bench and outlined the FCC’s directive, which summoned records of proceedings about Khan’s transfer to Shifa International Hospital. The FCC had issued this order while hearing appeals from three Adiala Jail inmates requesting medical treatment at private hospitals, similar to the arrangements made for the former premier. The constitutional court also demanded records of comparable cases from various high courts.

During the hearing, Awan stated that the Constitution empowers the FCC to summon records and adjudicate matters involving constitutional issues. However, Justice Waheed expressed concern over the FCC’s wording, particularly the phrase “fix cases,” which suggested that the FCC intended to schedule hearings on these matters. The judge questioned the court’s jurisdiction to hear such cases and sought the Attorney General’s assistance in clarifying this point.

The Attorney General emphasized that the Constitution clearly delineates the jurisdictions of the FCC and the Supreme Court, assuring the bench of his support in determining the scope of the FCC’s authority to summon records. Justice Waheed explained that the Supreme Court was trying to understand the FCC’s intentions behind its order and stressed the importance of maintaining a respectful relationship between judicial bodies.

The bench noted that the FCC’s order mentioned deciding which courts could hear cases involving fundamental rights. Justice Waheed remarked that fundamental rights are implicated in virtually every case, citing the right to a fair trial in criminal proceedings as an example. He further observed that while the FCC can interpret the Constitution, other matters fall under the Supreme Court’s jurisdiction.

The judges then questioned whether to dismiss the petitions or refrain from hearing them given the FCC’s order. Awan responded that it was necessary to clarify from where the FCC could summon records and what implications would arise from its directive to fix cases for hearing. The Attorney General requested three weeks to provide comprehensive assistance on the matter, a request the Supreme Court granted, adjourning the hearing accordingly.

Justice Waheed also raised concerns over compliance with the Supreme Court’s August 18 order regarding Imran Khan’s medical treatment and family visits. The judge noted that government officials, who had been directed to appear before the court, were absent during Wednesday’s proceedings. He suggested there might be a misunderstanding and inquired whether other aspects of the order were being implemented.

Awan acknowledged the officials should have attended and asked for another chance to appear. The bench further questioned whether the former premier had been allowed to meet his family members and speak with his children. Justice Waheed mentioned the possibility of issuing warrants for the Adiala Jail superintendent, but the AGP requested leniency, suggesting officials might have assumed the case would not be heard that day. The judge reiterated that the Supreme Court’s August 18 order remained in effect.

The bench also observed that the government’s review petition claimed treatment could not be provided at a private hospital, despite the court’s order regarding medical facilities still being operative. On August 18, the Supreme Court directed Adiala Jail authorities to transfer Imran Khan to Shifa International Hospital for medical evaluation and treatment. Additionally, the court ordered the creation of a medical board comprising specialists and allowed Imran’s sister, Dr. Uzma Khan, and former health adviser Dr. Faisal Sultan to remain involved in his medical care.

Contrary to the court’s directive, the government transferred the former premier to the Pakistan Institute of Medical Sciences (PIMS), citing security concerns. This action led Dr. Uzma Khan to file a contempt petition alleging non-compliance with the Supreme Court’s order.

During Wednesday’s hearing, Imran Khan’s lawyer Uzair Bhandari stated that only one of his sisters had been permitted to meet him. PTI’s senior lawyer Salman Akram Raja, also present, argued that no constitutional interpretation was necessary for Imran’s appeal or the contempt petitions. He highlighted that the former premier had not been transferred to Shifa International Hospital as ordered by the Supreme Court.

The court announced it would review the matter further after receiving the Attorney General’s input at the next hearing. This story remains ongoing and will be updated with additional details as they emerge.