ISLAMABAD: The Federal Constitutional Court (FCC) on Tuesday summoned complete record of cases pertaining to PTI founder Imran Khan’s transfer to Shifa International Hospital, pending before the Supreme Court and high courts, under Article 175-E of the Constitution.
Article 175-E, which was inserted in the Constitution through the 27th Constitutional Amendment, empowers the FCC to call for the record of any case and authorises it to decide matters involving major questions of constitutional law.
In this instance, the case records were summoned by a three-member FCC bench, headed by Chief Justice Aminuddin Khan and including Justices Ali Baqar Najafi and Aamer Farooq, while hearing a plea filed by three Adiala jail prisoners. The three inmates, Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf, had initially moved the Islamabad High Court, seeking relief after the SC’s Aug 18 order, but the IHC dismissed the petitions on Aug 31 declaring that a prisoner had no legal right to be transferred to a private hospital of choice. The inmates then challenged the IHC order before the FCC.
Record of similar cases pending before high courts also sought
The SC had directed the government last month to shift ex-premier to Shifa International Hospital within two days for examination and treatment by a multidisciplinary medical board.
The FCC bench observed that since the present matter, relating to the provision of medical facilities to the three Adiala inmates, originated from the Aug 18 SC order, the court was summoning the entire case record. The bench also said it would frame constitutional questions for final determination in its order, which would be issued later.
The records were summoned after Attorney General for Pakistan (AGP) Mansoor Usman Awan told the court that after the passage of the 27th Amendment, the SC no longer had the authority to protect fundamental rights; rather, he argued, such powers now rested with the FCC.
After the insertion of Article 175-F, any matter relating to constitutional interpretation or constitutional rights would now be heard by the FCC, AGP said. Within this context, AGP Awan contended that it would be prudent for the FCC to call for the complete record of the case pending before the SC.
Citing the Aug 18 order, the AGP said the matter had become a “an issue” since several inmates were now approaching courts.
At one point, Chief Justice Khan observed that the Constitution and the law must apply equally to the rich and the poor.
When Justice Najafi asked if the government had raised any objections before the SC during the Aug 18 hearing, the AGP said AAG Chaudhry Aamir had objected but the court issued its order. “Shouldn’t the SC have first determined the maintainability of the petition?” wondered Justice Najafi, adding that “the fundamental question before us concerns which court will now hear cases regarding constitutional interpretation and fundamental rights”.
“That is precisely the case,” replied the AGP.
Justice Farooq noted the SC had issued only an “interim order” on Aug 18.
Referring to the case relating to the inmates, the AGP suggested the court to order the formation of a medical board.
Following the arguments, the FCC summoned Imran’s case records and adjourned the hearing.
Published in Dawn, September 16th, 2026
