Transfer of Imran, other inmates to private hospitals: FCC seeks records of cases from SC, high courts

ISLAMABAD: The Federal Constitutional Court (FCC) sought records of cases pertaining to the transfer of Pakistan Tehreek-e-Insaf founder Imran Khan and three Adiala Jail inmates to private hospitals from the Supreme Court and the High Courts. The development comes a day before a three-judge bench of the Supreme Court is to resume hearing of a case related to Imran’s health. The apex court is also expected to take up contempt petitions filed by Khan’s sister, Dr. Uzma Khan, accusing the government functionaries of violating the August 18 directions as the former premier had been taken to the Pakistan Institute of Medical Sciences instead of the Shifa International Hospital in Islamabad. A three-judge FCC bench, headed by Chief Justice Amin-ud-Din Khan and comprising Justice Aamer Farooq and Justice Ali Baqar Najafi, on Tuesday heard the appeals of three Adiala Jail prisoners — Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf — against the Islamabad High Court’s August 31, 2026 order, which had rejected their petitions. The prisoners had sought treatment at private hospitals, similar to the relief granted to Imran Khan by the Supreme Court. During the proceedings, the Attorney-General for Pakistan, Mansoor Usman Awan, argued that under Article 175(E)(5), the Federal Constitutional Court has jurisdiction to call for the record of a case from any court, which requires the interpretation of law and involves fundamental rights. The AGP, citing the Supreme Court’s August 18 order, contended that the matter has become problematic as several inmates were now approaching the courts, seeking similar facilities as extended to Imran Khan. He requested the bench to first determine the issue of jurisdiction and summon the case record from the Supreme Court, and the records of any similar matter from the High Courts as well. The bench observed that since the present matter, relating to the provision of medical facilities to the three Adiala inmates, originated from the August 18 order, it summoned the record from the Supreme Court and the High Courts. The bench also said it would frame constitutional questions for final determination in its order, which will be issued later. Justice Najafi questioned whether medical treatment was a fundamental right of a prisoner and if the government had raised the same objection before the Supreme Court. The AGP replied that the Additional Attorney General, Aamir Rehman, had objected, but the SC issued its order anyway. Justice Najafi then asked: “Shouldn’t the Supreme Court have first determined the maintainability of the petition? ”, adding, “The fundamental question before us concerns which court will now hear cases regarding constitutional interpretation and fundamental rights. ”Mansoor Awan stated, “That is precisely his case, ” and added that without serving notice to the government, the SC had passed the order. Justice Farooq observed that the case pending before the Supreme Court was criminal in nature, while the matter before the FCC had arisen from an Islamabad High Court (IHC) judgment. He noted that the Supreme Court order was still interim. The Chief Justice remarked that the Constitution and the law must apply equally to the rich and the poor. The court directed the Supreme Court registrar’s office to provide the relevant record. It also directed the advocate generals of Islamabad and Punjab to submit comprehensive replies at the next hearing and adjourned the case. Copyright Business Recorder, 2026

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