The Supreme Court on Wednesday summoned Attorney General for Pakistan Mansoor Usman Awan. The move came during a hearing on Imran Khan’s hospital transfer case. The court resumed proceedings over the medical treatment of former prime minister Imran Khan. A three-member bench headed by Justice Shahid Waheed heard the case. Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim were also part of the bench.
The SC seeks AGP’s assistance on Imran Khan hospital transfer case after the latest developments involving the Federal Constitutional Court (FCC).
Supreme Court summons Attorney general
No government representative initially appeared before the Supreme Court during Wednesday’s hearing. Additional Attorney General Rana Asad later appeared before the bench. He informed the court about an order issued by the FCC a day earlier. The FCC had called for the complete record of the Supreme Court proceedings related to Imran Khan’s hospital transfer.
The Supreme Court then summoned AGP Mansoor Usman Awan. The hearing was also briefly paused during the proceedings. The latest development follows a major legal question over which court should handle the matter.
FCC seeks record of Imran Khan case
On September 15, the Federal Constitutional Court summoned records of cases concerning Imran Khan’s proposed transfer to Shifa International Hospital. The FCC also sought records of similar cases from the high courts. A three-member bench led by Chief Justice Aminuddin Khan issued the order. Justices Ali Baqar Najafi and Aamer Farooq were also on the bench.
The FCC was hearing petitions from three Adiala jail inmates. They sought similar medical facilities and possible transfer to a private hospital. The prisoners referred to the Supreme Court’s August 18 order involving Imran Khan.
What did the August 18 order say?
On August 18, the Supreme Court ordered authorities to shift Imran Khan to Shifa International Hospital. The order called for his medical examination and treatment by a multidisciplinary medical board. It also allowed his sister, Dr Uzma Khan, and physician Dr Faisal Sultan to remain involved in his medical care.
However, Khan was taken to the Pakistan Institute of Medical Sciences instead of Shifa International Hospital. The government cited security concerns behind the decision. The development later led to a contempt petition from Dr Uzma Khan.
Legal jurisdiction becomes central issue
The FCC’s intervention has added a constitutional dimension to the case. The AGP had earlier argued before the FCC that constitutional matters and fundamental rights cases now fall under the FCC’s jurisdiction. His argument followed changes introduced through the 27th Constitutional Amendment.
The FCC said it would frame constitutional questions for final determination. It later adjourned the proceedings without fixing another hearing date. The Supreme Court’s latest hearing now comes amid that jurisdictional development. This is as both courts deal with related legal proceedings.
The Supreme Court’s August 18 order had also become relevant to other prisoners. Three Adiala inmates sought similar medical treatment after the order. The Islamabad High Court dismissed their petitions on August 31. It held that prisoners do not have a legal right to choose a private hospital. It also said prisoner healthcare remains primarily the responsibility of the state.
The inmates later approached the FCC. They argued that equal treatment should apply under Article 25 of the Constitution. The latest proceedings could clarify how the related cases move forward. The Supreme Court is considering the matter while the FCC has already sought its records.
For now, the SC seeks AGP’s assistance on Imran Khan hospital transfer case following the FCC’s intervention and the ongoing dispute over jurisdiction.
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