SC Says Imran Khan’s Shifa Hospital Transfer Order Still Stands
Justice Shahid Waheed questions authority to summon case pending before Supreme Court
ISLAMABAD: The Supreme Court on Wednesday clarified that its order directing the transfer of PTI founder Imran Khan to Shifa International Hospital for medical treatment remains in force, while the bench questioned the Federal Constitutional Court’s authority to seek the record of a case pending before the apex court.
A three-member bench headed by Justice Shahid Waheed was hearing petitions concerning Khan’s transfer to Shifa International Hospital and proceedings over alleged non-compliance with the Supreme Court’s earlier directions.
At the outset of the hearing, no representative of the federal or Punjab governments, nor any officer from Adiala Jail, appeared before the court.
Expressing displeasure over their absence, the bench summoned Attorney General for Pakistan Mansoor Usman Awan and briefly adjourned proceedings until his arrival.
When the hearing resumed, Additional Attorney General Rana Asad informed the court that the Federal Constitutional Court had issued an order a day earlier seeking the case record from the Supreme Court.
The bench then directed the attorney general to appear before it after consultations in chambers.
Bench Questions Constitutional Jurisdiction
During the proceedings, Justice Shahid Waheed raised questions about the constitutional jurisdictions of the two superior courts and asked whether the Supreme Court was bound to comply with an order of the Federal Constitutional Court.
The judge said the bench wanted to understand the constitutional intent as well as the principle of mutual respect between the superior courts.
Justice Waheed observed that questions concerning fundamental rights could arise in ordinary criminal cases, including matters relating to the right to a fair trial.
He also questioned where the Constitution authorised the Federal Constitutional Court to summon a case that was already pending before the Supreme Court.
The bench expressed further concern over the alleged non-compliance with its earlier directions regarding Khan’s medical treatment.
Justice Waheed said the immediate question was not whether Khan should be treated at a government or private hospital, but whether the remaining directions contained in the Supreme Court’s order were being implemented.
The court also asked whether Khan was being allowed meetings and whether he had been enabled to speak with his children.
The bench noted that the Adiala Jail administration had been summoned to appear in person, but no officer attended the hearing.
The judges questioned whether warrants should be issued against the superintendent of Adiala Jail for failing to appear before the court.
The Supreme Court reiterated that its order directing Khan’s transfer to Shifa International Hospital remained operative and in force.
The hearing was subsequently adjourned for three weeks.
