The Supreme Court resumed hearing petitions concerning Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan’s medical treatment, hospital transfer and meetings with his family members.
The Imran Khan Supreme Court hearing today is being conducted by a three-member bench headed by Justice Shahid Waheed and comprising Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim.
At the outset of the hearing, Justice Shahid Waheed asked whether representatives of the parties were present in the courtroom.
Additional Attorney General Rana Asad appeared before the bench and informed the judges about an order issued by the Federal Constitutional Court (FCC) a day earlier.
The Imran Khan Supreme Court proceedings today come after the FCC summoned the record of cases concerning the transfer of Imran Khan to Shifa International Hospital from the Supreme Court.
Rana Asad read out the FCC order before the Supreme Court bench. The development has brought the record of the hospital transfer proceedings before both superior courts.
The top court postponed the hearing for three weeks.
The Supreme Court had earlier directed authorities to transfer Imran Khan from Adiala Jail to Shifa International Hospital for medical examination and treatment. The court had also directed arrangements concerning his medical assessment and meetings with family members.
The Imran Khan Supreme Court hearing today is also linked to a contempt petition filed by Imran Khan’s sister, Dr Uzma Khan, over the alleged non-implementation of the Supreme Court’s August 18 order.
Yesterday, the Federal Constitutional Court sought the case-law record related to PTI founder Imran Khan from the Supreme Court to determine the scope of its jurisdiction in a case concerning the treatment of prisoners.
The development came during the hearing of petitions filed by three prisoners, including a plea concerning the provision of medical treatment in a private hospital. The court also sought records of similar cases pending before the Supreme Court and high courts.
Imran Khan Supreme Court case record sought
Attorney General for Pakistan told the Federal Constitutional Court that the record of the relevant cases should be obtained from the Supreme Court so that the court could first determine the question of judicial jurisdiction.
He argued that the Federal Constitutional Court has the authority to call for the case record and should examine the relevant proceedings before deciding the matter.
The Attorney General said the court could examine fundamental rights and jail rules along with the question of jurisdiction.
Imran Khan Supreme Court: Court raises questions over prisoners’ treatment
During the hearing, Justice Aamir Farooq asked whether the rules governing prisoners cover all matters related to their treatment and care.
Justice Ali Baqar Najafi observed that the prisoners’ position was that they should be allowed to receive treatment at private hospitals.
He further noted that medical treatment of a prisoner falls within the scope of fundamental rights.
Justice Aamir Farooq also observed that the right to life is a fundamental right, while the Attorney General maintained that the state has a responsibility to ensure that no harm comes to a person held in custody.
Federal Constitutional Court seeks records from high courts
The Federal Constitutional Court ordered its registrar to obtain records of relevant cases from the Supreme Court and high courts.
The court also directed that cases pending before high courts concerning medical facilities for prisoners be called for review.
The court said the points raised by the Attorney General were worthy of consideration and decided to examine the jurisdictional question before proceeding further.
The Federal Constitutional Court accepted three petitions filed by prisoners for hearing and sought the relevant judicial records.
The hearing was subsequently adjourned for an indefinite period.
