The Federal Constitutional Court (FCC) on Tuesday requested the Supreme Court’s case records related to former Prime Minister Imran Khan’s transfer to Shifa International Hospital for medical care. A three-judge FCC bench, led by Chief Justice Aminuddin Khan and including Justices Aamer Farooq and Ali Baqar Najafi, convened to hear appeals from three inmates of Adiala Jail. These prisoners seek access to private hospital treatment and other privileges comparable to those granted to Imran Khan.

During proceedings, Attorney General Mansoor Usman Awan urged the FCC to obtain the Supreme Court’s records concerning the Pakistan Tehreek-e-Insaf founder’s case. He cited Article 175E(5), which authorizes the FCC to request records from any court when constitutional interpretation is involved. Chief Justice Khan remarked that the applicants emphasized the principle that constitutional and legal protections must apply equally to all citizens, regardless of their status.

Justice Najafi questioned the attorney general about whether objections had been raised before the Supreme Court. Awan responded that the Supreme Court had issued its order without notifying them, but Additional Attorney General Amir Rehman had raised objections at that time. Justice Najafi further asked if the Supreme Court should have first assessed the case’s maintainability, to which the attorney general agreed. Awan maintained that the authority for constitutional interpretation now lies with the FCC.

Justice Farooq pointed out that the Supreme Court’s pending case was criminal in nature, whereas the FCC’s matter originated from an Islamabad High Court (IHC) ruling. He also noted that the Supreme Court’s order was interim. Justice Najafi emphasized that the key issue before the FCC was jurisdiction—specifically which court holds authority over cases involving constitutional interpretation and fundamental rights.

The attorney general asserted that the case involved questions of judicial jurisdiction, constitutional and legal interpretation, and enforcement of fundamental rights. In a subsequent written order, the FCC confirmed that the attorney general appeared following a court-issued notice. He explained that the matter concerns judicial jurisdiction over prison facilities and constitutional interpretation. Moreover, he stated that this petition and a similar one had already been addressed in a Supreme Court order dated August 18.

The FCC declared it would obtain relevant records from the Supreme Court and high courts under Article 175E(5) of the Constitution. It instructed the Supreme Court registrar to provide the necessary documentation and also requested records of similar pending cases in the Supreme Court and high courts. Additionally, the court directed the advocate generals of Islamabad and Punjab to submit detailed responses at the next hearing.

The three inmates involved—Muhammad Ilyas Khan, Mohammad Ismail Hussain, and Owais Altaf—had approached the FCC after a single-member bench of the Islamabad High Court rejected their petitions on August 31. The IHC ruled that prisoners do not have a legal entitlement to be transferred to private hospitals of their choice. The petitioners had invoked Article 25 of the Constitution, asserting that all citizens are equal before the law and requesting medical treatment equivalent to that provided to Imran Khan. They also referenced the Supreme Court’s August 18 order related to the former premier and sought their transfer to Shifa International Hospital.

Furthermore, the inmates requested permission to communicate via WhatsApp with contacts abroad, similar to the communication privileges granted to the PTI founder.