The Federal Constitutional Court (FCC) has summoned the complete record of cases concerning Imran Khan’s transfer to Shifa International Hospital.
The court took the step while hearing a petition from three inmates at Adiala Jail.
The inmates want similar medical relief after the Supreme Court granted Imran Khan access to treatment at a private hospital.
FCC Seeks Records From Supreme Court
A three-member FCC bench headed by Chief Justice Aminuddin Khan heard the matter.
Justice Ali Baqar Najafi and Justice Aamer Farooq also joined the bench.
The court invoked Article 175-E of the Constitution to summon the records.
The provision came through the 27th Constitutional Amendment.
It allows the FCC to call for records in cases involving major constitutional questions.
The bench also requested records of similar cases from the high courts.
The court said the inmates’ case links directly to the Supreme Court’s August 18 order.
Therefore, it decided to examine the complete record before determining the constitutional questions.
The bench said it would frame those questions in a later order.
AGP Questions Supreme Court’s Jurisdiction
Attorney General for Pakistan Mansoor Usman Awan appeared before the FCC during the hearing.
He argued that the 27th Amendment changed the constitutional role of the Supreme Court.
According to the AGP, the Supreme Court no longer holds authority to protect fundamental rights in the same manner.
He said the FCC now handles matters involving constitutional interpretation and constitutional rights under the amended framework.
Awan therefore supported the FCC’s decision to call for the Supreme Court’s complete case record.
He also referred to the August 18 order involving Imran Khan.
According to the AGP, other prisoners have since approached courts seeking similar medical facilities.
Court Stresses Equal Treatment Under Law
During the hearing, Chief Justice Aminuddin Khan stressed that the law must apply equally to everyone.
He said the Constitution and law should serve both the rich and the poor.
Justice Najafi also questioned whether the government had raised objections during the Supreme Court hearing in August.
The AGP said Additional Attorney General Chaudhry Aamir Rehman had objected at that time.
However, the Supreme Court proceeded with its order.
Justice Najafi then questioned whether the Supreme Court should have first examined the petition’s maintainability.
He said the central issue now concerns which court should hear cases involving constitutional interpretation and fundamental rights.
The AGP agreed with the observation.
Meanwhile, Justice Farooq noted that the Supreme Court had issued only an interim order in August.
Adiala Inmates Challenge IHC Decision
The three inmates previously approached the Islamabad High Court for similar relief.
They filed petitions after the Supreme Court’s August 18 order concerning Imran Khan.
However, the IHC dismissed their petitions on August 31.
The high court ruled that prisoners do not have a legal right to choose a private hospital for treatment.
It also held that the state remains responsible for prisoners’ medical care through its administrative system and government hospitals.
The inmates later approached the FCC and challenged the IHC decision.
The AGP suggested that the FCC could order a medical board if it considers such a step appropriate.
Supreme Court to Resume Imran’s Health Case
The FCC’s latest move comes just one day before the Supreme Court resumes proceedings on Imran Khan’s health case.
The Supreme Court is scheduled to hear the matter on September 16.
The court may also consider contempt proceedings filed by Imran’s sister, Dr Uzma Khan.
She has accused government officials of violating the August 18 directive.
According to her petition, authorities took Imran Khan to the Pakistan Institute of Medical Sciences (PIMS) instead of Shifa International Hospital.
The FCC’s decision now adds a significant constitutional dimension to the dispute. The court must determine how the amended constitutional framework affects jurisdiction over fundamental rights and medical relief for prisoners. Its forthcoming order could therefore clarify which court has authority over similar cases in the future.
For the latest updates, visit and follow The Truth International website (www.thetruthinternational.com) and subscribe to the YouTube Channel.
