Source : INDIA TODAY NEWS
Pakistan’s Federal Constitutional Court on Tuesday sought records from the Supreme Court in cases related to the transfer of jailed former prime minister Imran Khan to a private hospital for treatment. It also asked for records of any similar matter taken up by high courts across the country.
The move came during the hearing of an appeal filed by three inmates of Adiala jail, who have sought the same treatment and facilities that were offered to Khan. The three-member bench was headed by FCC Chief Justice Aminuddin Khan and also included Justices Ali Baqar Najafi and Aamer Farooq.
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The inmates relied on a Supreme Court order issued last month, which directed the authorities to move Khan to the private Shifa International Hospital. However, the authorities took Khan to the Pakistan Institute of Medical Sciences instead, citing security concerns.
The FCC invoked Article 175-E of the Constitution while seeking records of similar matters from high courts. The provision, added through the 27th Constitutional Amendment, empowers the FCC to call for the record of any case and decide matters involving major questions of constitutional law.
The three inmates, Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf, had first approached the Islamabad High Court after the apex court’s August 18 order. Their petitions were dismissed on August 31, with the IHC ruling that a prisoner had no legal right to be shifted to a private hospital of his choice and that the primary responsibility for prisoners’ treatment rested with the state’s administrative structure and government hospitals. They then moved the FCC last week to challenge that order.
The petition says Article 25 of the Constitution guarantees equal treatment for all citizens and argues that, as the Supreme Court’s August 18 order was still in force, the three petitioners should also get the same treatment as Khan. This, they said, should include the facility to speak to family members abroad through WhatsApp. Khan had been allowed by the court to speak to his sons on WhatsApp.
Khan has been in jail since August 5, 2023. His supporters have alleged that his health has worsened because he has not received proper medical care, an allegation rejected by jail authorities. The FCC proceedings now centre on whether records in Khan-linked cases and similar petitions support the inmates’ plea for comparable treatment and facilities.
With PTI Inputs
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SOURCE :- TIMES OF INDIA
