Supreme Court Defers Imran Khan Hospital Transfer Case for Three Weeks
Supreme Court expresses reservations over the Federal Constitutional Court’s directive concerning Imran Khan’s hospital transfer cases.
The Supreme Court on Wednesday expressed reservations over a directive issued by the Federal Constitutional Court (FCC) concerning cases linked to PTI founder Imran Khan’s hospital transfer.
A three-judge SC bench deferred proceedings on the matter for three weeks. Justice Shahid Waheed headed the bench, which also included Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim.
The judges said propriety required the proceedings to be deferred.
FCC Seeks Related Cases
The FCC issued its directive on Tuesday, September 15. It ordered the Supreme Court’s office to requisition the relevant cases and fix them before the FCC.
The directive came on a petition filed by three inmates of Adiala Jail. They sought relief similar to the relief the Supreme Court granted to Imran Khan in an August 18 order.
The FCC invoked Article 175-E of the Constitution while issuing the directive.
Supreme Court Questions Case Fixation
During Wednesday’s hearing, the bench raised concerns about the FCC’s decision to fix the cases before itself.
Justice Shahid Waheed told Attorney General for Pakistan Mansoor Usman Awan that the main concern involved paragraph six of the FCC’s September 15 order.
That paragraph dealt with fixing cases before the FCC after requisitioning them from the Supreme Court.
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Justice Waheed also observed that such fixation did not appear to fall under clause 5 of Article 175-E.
Article 175-E Under Discussion
Article 175-E was added to the Constitution through the 27th Constitutional Amendment.
The provision gives the Federal Constitutional Court powers to call for the record of a case. It also covers matters involving major questions of constitutional law.
The Supreme Court’s observations focused on how the provision applies when cases already pending before the SC are requisitioned and subsequently fixed before the FCC.
For now, the Supreme Court has deferred its proceedings for three weeks. The legal dispute over the jurisdiction and handling of the cases will therefore remain before the courts.
