ISLAMABAD: The Imran Khan jurisdictional deadlock remains unresolved, with the Supreme Court yet to send the records of the PTI founder’s cases to the Federal Constitutional Court (FCC) despite a judicial order.
How the Imran Khan jurisdictional deadlock began
The trouble started on August 18, when the Supreme Court ordered the government to shift Imran Khan to Shifa International Hospital in Islamabad for medical treatment. That order was not fully implemented.
The FCC then raised questions on September 14 over the Supreme Court’s August 18 order. It sought the records of cases involving the PTI founder and directed that they be fixed for hearing before the constitutional court.
In response, a three-member Supreme Court bench headed by Justice Shahid Waheed questioned on September 16 how the FCC could order the fixation of cases whose records it was summoning from the Supreme Court. The bench adjourned the matter for three weeks at the Attorney General’s request.
However, the matter has not been fixed for hearing before the FCC either.
Records still not sent to the FCC
A senior law officer told The Express Tribune that the SC office had yet to send the records of Imran Khan’s cases to the FCC, despite the September 16 judicial order directing it to do so.
The officer said that if the Supreme Court took up the case again, the FCC would be compelled to stay the August 18 order regarding Imran Khan’s transfer to Shifa International Hospital. The SC, he said, had no option but to follow the FCC’s order, which was binding on it under Article 189 of the Constitution.
Legal experts warned that if the Supreme Court ultimately sent the cases to the FCC, it would effectively establish the subordinate status of the Supreme Court. “Will the SC judges accept their demotion or resign?” one senior lawyer asked, in a debate that mirrors the broader Supreme Court reform discussion.
‘Belated obituary of the Supreme Court’
Barrister Tariq Mahmood Khokhar called the FCC order “a belated obituary of the Supreme Court”, blaming the 26th and 27th Constitutional Amendments.
“The Constitution was amended, not for constitutional reasons but for state reasons,” Khokhar said.
The bench acknowledged the FCC could summon records under Article 175E(5) of the Constitution. But Justice Naeem Akhtar Afghan noted the provision did not specifically mention summoning records from the Supreme Court, unlike Article 189, which makes the FCC’s orders binding on all courts, including the SC.
Justice Shahid Waheed remarked that the bench could not disregard the FCC’s order. But he also questioned whether the FCC’s order was binding on the Supreme Court. The dispute cuts to the heart of the constitutional order. Readers can read more about the judiciary’s appointment process in our guide to Article 175-A of the Constitution.
Imran Khan’s health remains uncertain
The jurisdictional tussle has left uncertainty over the PTI founder’s health. A medical team examined him at Adiala jail, and a senior government official told The Express Tribune that the latest report showed he was completely physically fit. The official said the report would be submitted to the appropriate court before the case was fixed for hearing.
His tenure as prime minister remains the reference point for much of the current political crisis, and his supporters have demanded his release while his party’s long march presses on.
After the August 18 order went unimplemented, petitioner Uzma Khan filed a contempt petition against Prime Minister Shehbaz Sharif and others. The contempt matter was fixed before the same bench.
The original reporting came from The Express Tribune.
Is Imran Khan being treated for any illness?
A senior government official said the latest medical report showed Imran Khan was completely physically fit, and that the report would be submitted to the appropriate court before the case is fixed for hearing.
What is the Imran Khan jurisdictional deadlock about?
The Supreme Court ordered Imran Khan’s transfer to Shifa International Hospital on August 18, but the FCC questioned that order and sought the case records. The SC has yet to send the records despite its own September 16 order.
What did the Supreme Court order on August 18?
The court directed the government to shift PTI founder Imran Khan to Shifa International Hospital for medical treatment. The order was not fully implemented, and a contempt petition was later filed against Prime Minister Shehbaz Sharif and others.
Why does the FCC say it can demand the records?
The FCC has pointed to Article 175E(5) of the Constitution, which lets it summon records. The Supreme Court bench has questioned whether that provision allows the FCC to summon records specifically from the Supreme Court, and whether the FCC’s order binds the SC.
