The Supreme Court has sought assistance from Attorney General for Pakistan Mansoor Awan on the jurisdiction of the Federal Constitutional Court (FCC) to hear a case concerning the possible transfer of former prime minister Imran Khan from jail to a hospital for treatment.
A three-member bench headed by Justice Shahid Waheed heard the case on Wednesday.
During the hearing, Additional Attorney General Rana Asad informed the court that the FCC had issued an order a day earlier seeking the record of the case.Justice Shahid Waheed questioned the constitutional court’s jurisdiction, observing that the Supreme Court’s Shariat Bench could interpret the Quran and Sunnah, while the FCC’s role was to interpret the Constitution.
The judge also asked whether the Supreme Court was bound by the FCC’s order and whether it should dismiss the petitions or stop proceedings in the matter.
Attorney General Mansoor Awan said the Constitution allowed the FCC to call for case records, adding that the extent of its authority to summon records from other forums needed to be determined.
Justice Shahid Waheed noted that the FCC order directed that the records be summoned and the cases fixed for hearing, saying the latter part required clarification. He asked the attorney general to assist the court on how the FCC could hear the case.
The bench also questioned the absence of government officials and the Adiala Jail administration despite being summoned in an earlier order. The attorney general requested that the jail superintendent be given another opportunity to appear.
The court also discussed arrangements for meetings and communication between Imran Khan and his children. The issue of whether his treatment should be provided at a government or private hospital was kept aside for the time being.
Justice Shahid Waheed said the court was seeking to understand the constitutional intent and stressed that the questions raised should not be viewed negatively, adding that mutual respect between the judiciary was important.
The attorney general requested a three-week adjournment to assist the court on the constitutional questions concerning the jurisdictions of the Supreme Court and FCC.
The Supreme Court accepted the request and adjourned the hearing for three weeks.
