Supreme Court Seeks Clarity on FCC Role in Imran Khan Hospital Case

ISLAMABAD, September 16, 2026: Pakistan's Supreme Court has sought the attorney general's assistance on whether the Federal Constitutional Court can take up proceedings connected to its earlier order concerning former prime minister Imran Khan's hospital treatment.

A three-member bench led by Justice Shahid Waheed adjourned the matter for three weeks after the FCC requisitioned case records and directed that related proceedings be placed before it, according to The Express Tribune.

Justices Naeem Akhtar Afghan and Ishtiaq Ibrahim also sat on the bench. Attorney General Mansoor Usman Awan told the court that the unprecedented situation required careful legal analysis rather than a hurried response.

A question between two apex courts

The dispute centres on Article 175-E of the Constitution and the circumstances in which the FCC may call for records from another court when an important question of constitutional interpretation arises.

The Supreme Court said its concern focused on the FCC's September 15 direction to place the cases before itself. The bench asked the attorney general to assist on the procedure and on whether that direction binds the Supreme Court.

Counsel argued that the issue involved the transfer of proceedings rather than the underlying jurisdiction. The bench, however, stressed the need to respect the constitutional authority of both institutions and avoid steps that could obstruct either court's work.

The legal questions extend beyond Khan's individual case. They include the enforcement of prisoners' fundamental rights, the state's duties under the Constitution and prison rules, and the division of authority between the Supreme Court and the newly established FCC.

Earlier hospital order

On August 18, the Supreme Court ordered that Khan be taken from Adiala Jail to Shifa International Hospital for a medical examination and allowed regular family contact. Authorities later took him for an examination and returned him to prison, but disagreement continued over compliance with the court's directions.

The current proceedings include an application alleging that parts of the August order were not followed. Counsel for Khan's sister, Dr Uzma Khan, also sought access for family members and lawyers while the jurisdictional issue remains unresolved.

The bench granted the attorney general three weeks to study the constitutional questions and prepare his submissions. The adjournment leaves the immediate procedural dispute open while the two courts' respective powers are examined.