Federal Constitutional Court Demands Case Records on Imran Khan's Hospital Transfer

In a significant move, the Federal Constitutional Court (FCC) of Pakistan has summoned the complete records of the Supreme Court's cases regarding former Prime Minister Imran Khan's transfer to Shifa International Hospital. This decision, made on Tuesday, stems from the ongoing legal discussions about the rights of prisoners seeking medical treatment.

Legal Proceedings and Implications

The FCC's request for records comes under Article 175-E of the Constitution, which was introduced by the 27th Amendment. This article empowers the FCC to review cases involving important constitutional law questions. The three-member FCC bench, led by Chief Justice Aminuddin Khan, is examining a plea from inmates at Adiala Jail who are seeking similar medical transfers as granted to Khan following an August 18 Supreme Court ruling.

Context of the Petition

The inmates—Muhammad Ilyas Khan, Mohammad Ismail Hussain, and Owais Altaf—initially approached the Islamabad High Court (IHC) following the Supreme Court's order, but their petitions were dismissed on August 31. The IHC ruled that prisoners do not have the legal right to choose their medical facilities, as the state is responsible for their care. Subsequently, the inmates escalated their case to the FCC, arguing for equal treatment under Article 25 of the Constitution.

During the FCC proceedings, Attorney General Mansoor Usman Awan highlighted that the ongoing situation has prompted several inmates to seek similar medical accommodations. He argued that the FCC should oversee cases related to constitutional rights post-27th Amendment, asserting that the Supreme Court no longer holds that authority.

Following the deliberations, the FCC bench adjourned the hearing without a set date for the next session, but not before raising critical questions about the jurisdiction over constitutional interpretations and the equal application of law.

Source: www.dawn.com