_akhbar.jpg)
ISLAMABAD: The Supreme Court on Wednesday questioned the jurisdiction of the Federal Constitutional Court (FCC) in hearing a matter pertaining to the shifting of former prime minister, PTI founding chairman Imran Khan, to a private hospital for a medical check-up.
A three-member bench of the apex court, headed by Justice Shahid Waheed and comprising Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim, resumed hearing into the pleas filed by Imran Khan concerning his medical treatment at a private hospital and meetings with his family.
On Wednesday, during the course of hearing, the court raised questions over the FCC jurisdiction in dealing with Imran’s cases, sought the legal assistance of Attorney General for Pakistan over the matter and adjourned the matter for three weeks.
The FCC the other day had admitted for regular hearing the petitions of three Adiala jail inmates seeking the same facilities at private hospitals granted to Imran Khan. The court had directed its office to requisition Imran Khan’s cases from the Supreme Court through its Registrar and fix them along with the appeals arising out of these petitions for hearing. The FCC had also directed the Islamabad advocate general and Punjab additional advocate general to file concise statements in these petitions and had adjourned the matter for an indefinite period. Attorney General Mansoor Usman Awan appeared before the bench and read out the FCC’s order, under which the constitutional court had summoned records of proceedings concerning Imran’s transfer to Shifa International Hospital. He submitted that the Constitution empowered the FCC to summon records and cases involving constitutional questions.
Meanwhile, the court, in its three-page order, dictated that the order passed by the FCC gives rise to questions of considerable constitutional and legal significance, including questions concerning the interpretation and application of the Constitution, relevant provisions of law and, where necessary, the applicable principles of Islamic law. “Without entering into those questions at this stage, we consider it appropriate, in the first instance, to seek the assistance of the learned Attorney General for Pakistan regarding the proper course to be adopted in these proceedings and, in particular, the extent, if any, to which the aforesaid order of the Federal Constitutional Court bears upon the proceedings before us,” read the written order.
The court added that this course is considered appropriate so as to avoid any situation that may be inconsistent with the proper functioning of the two apex judicial institutions of the country and, at the same time, to preserve the spirit of judicial comity. The AGP sought three weeks to consider the matter and prepare his submissions so as to render effective assistance to the court. The court allowed the AGP’s request and adjourned the hearing for three weeks.
The apex court noted that the cases were fixed on Wednesday for further hearing and proceedings, adding that before it could proceed further, however, it was brought to their notice that certain cases arising from a judgment of the Islamabad High Court, rendered in a petition under Article 199 of the Constitution, have reached the FCC, wherein relief has been sought which is substantially similar to that granted by the Supreme Court through its order dated 18th August, 2026. “It further appears that, before proceeding to adjudicate upon those matters, the Federal Constitutional Court of Pakistan considered it appropriate to examine the proceedings pending before this court and, accordingly, called for their record,” said the written order. Justice Waheed said the SC was seeking to understand the intention behind the FCC’s order and stressed that the questions being raised should not be given a negative interpretation. The court held that its August 18 order remained in force. Similarly, the court noted that the government’s review petition stated that treatment could not be provided at a private hospital, while its order concerning medical facilities was still operative. Uzair Bhandari, counsel for the petitioner Uzma Khan, told the court that only one sister has been able to meet the PTI founding chairman in jail.
