Islamabad, September 15, 2026: The Federal Constitutional Court (FCC) on Tuesday summoned records from the Supreme Court in a case concerning the transfer of former prime minister Imran Khan to Shifa International Hospital for medical treatment.
A three-member FCC bench, headed by Chief Justice Aminuddin Khan and comprising Justice Aamer Farooq and Justice Ali Baqar Najafi, heard appeals filed by three Adiala Jail inmates seeking treatment at private hospitals and other facilities similar to those granted to the former premier.
During the hearing, Attorney General Mansoor Usman Awan requested the FCC to summon the record of the case concerning Pakistan Tehreek-e-Insaf founder Imran Khan from the Supreme Court.
He said Article 175E(5) of the Constitution empowered the FCC to call for records of any court in matters involving constitutional interpretation.
Chief Justice Aminuddin Khan observed that the petitioners’ contention was that the Constitution and law should apply equally to the rich and poor.
Justice Najafi asked the attorney general whether he had raised an objection before the Supreme Court.
Awan replied that the Supreme Court had issued its order without serving notice on the federal government, adding that Additional Attorney General Amir Rehman had raised an objection before the apex court.
Justice Najafi asked whether the Supreme Court should have first determined the maintainability of the matter, to which the attorney general replied in the affirmative.
Awan maintained that the power of constitutional interpretation now rested with the FCC.
Justice Farooq observed that the matter pending before the Supreme Court was criminal in nature, whereas the proceedings before the FCC had arisen from an Islamabad High Court judgment. He noted that the Supreme Court order was still interim.
Justice Najafi said the fundamental question before the FCC concerned jurisdiction, asking which court could now hear a matter involving constitutional interpretation and fundamental rights.
The attorney general said the case involved judicial jurisdiction, interpretation of the Constitution and law, and enforcement of fundamental rights.
In its written order, the FCC said the attorney general had appeared before the court after being issued a notice and submitted that the matter concerned judicial jurisdiction over jail facilities as well as interpretation of the Constitution and law.
He informed the court that the present petition and a similar application had been the subject of a Supreme Court order issued on August 18.
The FCC said it was seeking records from the Supreme Court and high courts under Article 175E(5) of the Constitution.
The court directed the Supreme Court registrar’s office to provide the relevant record and also sought records of similar cases pending before the Supreme Court and high courts.
It further directed the advocate generals of Islamabad and Punjab to submit comprehensive replies at the next hearing.
Background
The three inmates — Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf — approached the FCC after a single-member IHC bench dismissed their petitions on August 31.
The high court had held that a prisoner had no legal right to be transferred to a private hospital of their choice.
The petitioners invoked Article 25 of the Constitution, arguing that all citizens were equal before the law, and sought medical facilities similar to those available to Imran Khan.
They also referred to the Supreme Court’s August 18 order concerning Imran Khan and sought their transfer to Shifa International Hospital.
The inmates additionally sought permission to communicate via WhatsApp with people living abroad, citing similar communication facilities available to the PTI founder.
