Supreme Court seeks AGP’s assistance on Imran Khan hospital transfer case

ISLAMABAD: The Supreme Court has raised important constitutional questions regarding the jurisdiction of the Federal Constitutional Court (FCC) in a case concerning the hospital transfer of PTI founder Imran Khan.

Justice Shahid Waheed questioned whether the Federal Constitutional Court could seek not only records but also pending cases from the Supreme Court.

He observed that the relevant court order referred to fixing or transferring “cases”, saying the wording had raised questions for the court.

Justice Shahid Waheed said the court wanted to understand the intent of the Constitution and emphasised that the superior judiciary should operate with mutual respect.

He remarked that nothing could be placed above the Constitution, law and the Holy Quran.

The bench also questioned whether the Federal Constitutional Court would not be bound by a Supreme Court judgment when examined in light of the Quran and Sunnah.

During the proceedings, the court also expressed displeasure over the absence of officials from Adiala Jail administration.

Justice Shahid Waheed said the Supreme Court’s order had not been implemented and noted what he described as a serious lack of trust and communication between the institutions involved.

The remarks came as the bench examined the legal implications of the pending proceedings and the relationship between the country’s superior courts.

Counsel for Imran Khan argued that the criminal appeals and contempt petitions before the Supreme Court did not require interpretation of the Constitution.

The lawyer maintained that the matters could be dealt with within the existing legal framework rather than through a constitutional interpretation process.

The Supreme Court observed that the appeals before it related to a criminal case and contempt proceedings.

The bench stressed that there should be no contradiction between the country’s highest courts and said the Attorney General should assist the court on how the pending cases should proceed in light of the constitutional questions involved.

The Attorney General requested two weeks to prepare his assistance for the court.

The request was accepted and the hearing was adjourned for two weeks.