Pakistan’s Supreme Court voices reservations over Imran Khan-related cases
Pakistan’s Supreme Court has voiced reservations over an order by the Federal Constitutional Court concerning cases related to the transfer of PTI founder Imran Khan to a hospital. At the same time, a Supreme Court bench adjourned consideration of the petitions for three weeks, stating that considerations of propriety required this.
Constitutional Court order
As Dawn reports, on September 15 the Federal Constitutional Court instructed the court office to requisition from the Supreme Court the records of the relevant cases and list them for hearing under Article 175-E of Pakistan’s Constitution.
The order was issued on petitions filed by three inmates of Adiala prison. They requested a measure similar to the one the Supreme Court granted to Imran Khan in its August 18 ruling.
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Supreme Court’s position
The petitions were heard by a three-judge bench headed by Justice Shahid Waheed. The bench also included Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim.
The judges drew the attention of Pakistan’s Attorney General Mansoor Usman Awan to their concern over the very listing of the cases for hearing before the Federal Constitutional Court, provided for in paragraph six of its September 15 order. Justice Waheed stated that, in his view, listing before the Federal Constitutional Court cases requisitioned from the Supreme Court does not fall within the powers provided for under clause 5 of Article 175-E.
Article 175-E was added to the Constitution by the 27th constitutional amendment. It allows the Federal Constitutional Court to requisition the records of any case and hear matters relating to important questions of constitutional law.
