ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday summoned Supreme Court records in the Imran Khan medical case while examining similar private-hospital treatment requests by three Adiala Jail inmates.
A three-member bench headed by Chief Justice Aminuddin Khan, with Justice Aamer Farooq and Justice Ali Baqar Najafi, also sought records of similar cases pending before high courts.
The inmates Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf are challenging an Islamabad High Court ruling that rejected their requests for treatment at private hospitals and other facilities similar to those granted to Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan.
Attorney General for Pakistan Mansoor Usman Awan asked the FCC to call for the Supreme Court record, arguing that the case raised questions of constitutional interpretation, fundamental rights and judicial jurisdiction after the 27th Constitutional Amendment. The FCC has not yet finally determined those jurisdictional questions.
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The Supreme Court had issued an interim order on August 18 directing authorities to shift Khan to Shifa International Hospital for examination and treatment by a multidisciplinary medical board. Justice Farooq noted during Tuesday’s hearing that the order remained interim.
The three inmates rely on Article 25 of the Constitution, arguing that equal treatment requires access to comparable medical facilities. The IHC had dismissed their petitions on August 31, holding that prisoners have no automatic right to transfer to a private hospital of their choice.
The FCC adjourned the matter without fixing its next hearing date. The Supreme Court is scheduled to resume proceedings concerning Khan’s health on September 16.
