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Imran hospital case: SC seeks AGP help on FCC

Imran hospital case linked to Supreme Court of Pakistan building in Islamabad under evening sky with Pakistani flag

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The Supreme Court on Wednesday asked the Attorney General for Pakistan for legal help on whether the Federal Constitutional Court has the power to summon records and fix Imran Khan’s hospital transfer case for hearing. A three-member bench led by Justice Shahid Waheed, along with Justice Naeem Akhtar Afghan and Justice Ishtiaq Ibrahim, was hearing petitions about the PTI founder’s medical treatment and family meetings.

Attorney General Mansoor Usman Awan appeared and read the FCC order that called for records related to Imran’s transfer to Shifa International Hospital. The constitutional court had sought those papers while dealing with appeals from three Adiala jail inmates who wanted the same private hospital facilities given to the former premier. It also asked high courts for similar records.

Awan told the bench that the Constitution allows the FCC to summon records in cases involving constitutional questions. Justice Waheed, however, focused on the exact wording of the order that said the court would “fix cases” for hearing. He said that phrase was bothering the judges and asked how the FCC could take up the matters itself. The judge stressed that the Supreme Court and the constitutional court have clearly defined roles and that mutual respect must be maintained.

The bench also questioned whether the remaining parts of its August 18 order were being followed. On that day the court had directed Adiala jail authorities to move Imran Khan to Shifa Hospital for proper medical assessment. Instead, the government took him to Pims, citing security reasons. Justice Waheed noted that no government officials appeared despite earlier directions and asked if the former premier had been allowed to meet his family and speak to his children.

Awan requested three weeks to prepare detailed assistance on the jurisdiction questions. The court accepted the request and adjourned the hearing. Lawyers for Imran Khan argued that no constitutional interpretation was needed and that the August 18 order was still not fully implemented. The case will come up again after the Attorney General submits his views.

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