Federal Constitutional Court orders transfer of Imran Khan hospital case from Supreme Court

Pakistan's Federal Constitutional Court on Tuesday ordered the transfer of a case concerning medical treatment for jailed former prime minister Imran Khan from the Supreme Court.

A three-member bench asserted its jurisdiction over matters involving constitutional interpretation and fundamental rights.

Why did the Federal Constitutional Court take over the Imran Khan hospital case?

The Federal Constitutional Court transferred the case after ruling that constitutional interpretation now falls under its jurisdiction rather than the Supreme Court's.

The bench, headed by Justice Aminuddin Khan, was hearing an appeal against an Islamabad High Court ruling on hospital facilities for three prisoners, including Khan. It also ordered the transfer of related review and contempt applications, halting the Supreme Court's proceedings on the matter.

What was the case before the Federal Constitutional Court?

The bench was hearing an appeal against an Islamabad High Court ruling concerning the provision of hospital facilities to three prisoners, including Khan, the founder of the Pakistan Tehreek-e-Insaf (PTI) party.

The court also ordered the transfer of the government's review petition and contempt of court applications related to the case. This effectively prevented the Supreme Court from proceeding with the pending matter.

What did the Attorney General argue about jurisdiction?

Attorney General Mansoor Usman Awan argued that Article 175E, sub-clause 5, of the Constitution empowers the Federal Constitutional Court to call for the record of a case from any court when it involves constitutional interpretation.

"The authority to interpret the Constitution now rests with the Federal Constitutional Court," Awan told the bench.

Justice Ali Baqar Najafi asked whether the government had raised its objections before the Supreme Court. "The Supreme Court passed the order without issuing notices to us," Awan replied, adding that Additional Attorney General Amir Rehman had raised objections before the Supreme Court. Najafi then asked whether the Supreme Court should first have determined if the petition was maintainable, to which Awan responded, "Exactly."

What did the Supreme Court say about its order?

Justice Amir Farooq noted that the case before the Supreme Court was criminal in nature. "We have received the case against the Islamabad High Court's decision," Farooq said, adding that the Supreme Court's order was interim. Najafi said the central issue before the Federal Constitutional Court was jurisdiction, framing it as a question of who can now hear cases involving constitutional interpretation and fundamental rights.

Justice Aminuddin Khan said constitutional and legal protections should apply equally to all citizens.

What did the court order for other high courts?

The Federal Constitutional Court also directed all high courts to submit records of cases involving similar legal questions. It ordered that records of any such cases pending before a high court be sent to the Federal Constitutional Court for consideration.

The order means the Supreme Court will no longer proceed with the pending case concerning Khan's transfer to Shifa hospital. The related government review petition and contempt proceedings will also move to the Federal Constitutional Court.