On September 16, Pakistan’s Supreme Court deferred proceedings concerning the medical treatment of former Prime Minister Imran Khan due to a constitutional jurisdictional dispute. The case involves Khan’s proposed transfer from Adiala Jail to the private Shifa International Hospital. The issue arose after the Federal Constitutional Court (FCC) requisitioned records from the Supreme Court pertaining to Khan, raising a conflict between the two judicial bodies.
A three-member Supreme Court bench presided over by Justice Shahid Waheed expressed uncertainty about the FCC’s order, which demanded the case be submitted to it for hearing. This led the Supreme Court to pause the case for three weeks and seek legal guidance from Attorney General Mansoor Usman Awan regarding the jurisdictional conflict, as detailed by JURIST.
Originally, the Supreme Court had issued an interim order on August 18 directing Khan’s transfer to Shifa International Hospital for medical examination. However, authorities instead moved him to the state-run Pakistan Institute of Medical Sciences (PIMS), citing security issues. Despite Khan’s sister, Dr. Uzma Khan, filing a contempt petition alleging non-compliance with the order, the core dispute now involves the FCC’s authority to intervene.
This jurisdictional issue emerged when the FCC, acting under Article 175-E of Pakistan’s Constitution, aimed to address appeals from other prisoners seeking private medical treatment akin to that afforded to Khan. The Dawn reported that the FCC’s directive challenged the Supreme Court’s authority, highlighting ongoing tensions between the two courts’ powers.
During the September 16 hearing, Attorney General Awan contended that simultaneous jurisdiction by the Supreme Court and FCC is constitutionally impermissible. This sentiment reflects the broader legal uncertainty about the FCC’s ability to requisition the Supreme Court’s records, a point the Supreme Court itself is preparing to evaluate further.
The Supreme Court’s decision to defer highlights not just Khan’s individual case but a larger constitutional question regarding the delineation of powers between Pakistan’s highest courts. Whether the FCC can continue its proceedings against the backdrop of the Supreme Court’s ongoing jurisdiction, remains a contentious issue as noted by The Express Tribune. The clarity on this matter could have significant implications on the judicial processing of Pakistan’s legal and constitutional landscape.