Pakistani court requests case files on Imran Khan’s transfer to hospital
Pakistan’s Federal Constitutional Court in Islamabad has requested from the Supreme Court the complete case files concerning the transfer of PTI founder Imran Khan to the private Shifa International Hospital. The decision was made on September 15 by a three-judge bench headed by Chief Justice Aminuddin Khan, Dawn reports.
Prisoners’ petitions
The bench considered petitions from three inmates of Adiala prison, who asked to be transferred to a private hospital for medical examinations. They referred to the Supreme Court’s August 18 order, which granted Imran Khan similar relief.
The court also requested files from similar cases in the high courts. The judges noted that consideration of the issue of medical care for the three prisoners was connected to the Supreme Court’s August 18 order, making it necessary to obtain the entire set of documents in that case.
Powers of the courts
The records were requested under Article 175-E of Pakistan’s Constitution, introduced by the 27th Constitutional Amendment. This provision grants the Federal Constitutional Court the right to request records in any case and consider matters raising important questions of constitutional law.
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During the hearing, Pakistan’s Attorney General Mansoor Usman Awan stated that, following the adoption of the 27th Amendment, the Supreme Court, in his view, no longer has the authority to protect fundamental rights, while matters of constitutional interpretation and constitutional rights should be considered by the Federal Constitutional Court.
Justice Ali Baqar Najafi raised the question of which court would henceforth hear cases concerning constitutional interpretation and fundamental rights. Justice Aamer Farooq noted that the Supreme Court had issued only an interim order in Imran Khan’s case.
On August 31, the Islamabad High Court dismissed the petitions of the three prisoners. It ruled that a prisoner has no legal right to demand transfer to a private hospital of their choice, and that responsibility for treating prisoners rests with the state administrative system and public medical institutions. The applicants then appealed the decision to the Federal Constitutional Court, which said it would later formulate the constitutional questions for final determination in its ruling.
