Imran Khan hospital case: SC cautions against clash with Constitutional Court

The Supreme Court has cautioned against a possible clash with the Federal Constitutional Court over the case concerning the transfer of PTI founder Imran Khan to a private hospital, stressing that both institutions should operate within their respective jurisdictions.

A three-member bench also sought assistance from Attorney General Mansoor Usman Awan on how the proceedings should continue after the Constitutional Court sought the record of cases pending before the Supreme Court. The hearing was adjourned for three weeks.

During the hearing, Justice Naeem Akhtar Afghan said the situation would have been different if the Constitutional Court’s order had been limited merely to requisitioning the case record.

“Had the matter been limited merely to requisitioning the record, it would have been a different situation,” Justice Afghan remarked.

He added that the Supreme Court did not want a clash between the two institutions and wanted both courts to remain within their respective jurisdictions.

He further observed that Article 175-E only addresses the requisitioning of the record.

AG asked how case transfer should proceed

The bench sought the attorney general’s assistance on how the process of transferring the case to the Constitutional Court should proceed.

Justice Shahid Waheed said the Supreme Court’s three-member bench needed to examine the position following the Constitutional Court’s order seeking the records.

“Let us see what stance the attorney general takes regarding the transfer of the case,” Justice Waheed said. The AG was asked to assist the court before it proceeds further with the pending matters.

Justice Waheed also questioned whether the Supreme Court’s August 18 order remained operative. AG Awan replied that the order remained effectively in force.