A constitutional court can only interpret the Constitution, while all other matters fall under the Supreme Court, Justice Shahid Waheed asked the Attorney General, questioning where the Constitution allows a case to be transferred from the Supreme Court.
ISLAMABAD, (UrduPoint / Pakistan Point News – 16th Sep, 2026) The Supreme Court’s three-member bench, headed by Justice Shahid Waheed, hearing petitions seeking the transfer of PTI founder Imran Khan to Shifa International Hospital for medical treatment and contempt proceedings over non-compliance with a court order, has clarified that its order to transfer Imran Khan to Shifa Hospital remains in force.
At the start of the hearing, no government representative or officer from the Punjab government, the federal government or the superintendent of Adiala Jail appeared in court.
Expressing displeasure over their absence, the court summoned Attorney General Mansoor Usman Awan immediately and briefly adjourned the hearing until his arrival.
The hearing resumed after the break, when Additional Attorney General Rana Asad informed the court that the Federal Constitutional Court had issued an order the previous day seeking the case file from the Supreme Court.
On the Additional Attorney General’s request, the court directed Attorney General Mansoor Usman Awan to appear after consultations in chambers.
When the Attorney General appeared before the bench, Justice Shahid Waheed raised questions about constitutional jurisdiction and the constitutional limits of the two superior courts.
Justice Shahid Waheed asked whether the Supreme Court was bound to comply with an order of the Federal Constitutional Court.
He said the court wanted to understand the true intent of the Constitution and mutual respect between the judiciary. He observed that the Constitutional Court said it would determine cases involving fundamental rights, but issues concerning fundamental rights, including a fair trial, arise in every criminal case.
The Federal Constitutional Court’s role was only to interpret the Constitution, while all other judicial and administrative matters fell under the Supreme Court, he added.
Justice Shahid Waheed asked where the Constitution stated that the Federal Constitutional Court could summon a case pending before the Supreme Court.
The Supreme Court expressed serious concern over the failure to implement its decision regarding Imran Khan’s transfer to Shifa Hospital. Justice Shahid Waheed remarked that the question of whether Imran Khan would be in a government or private hospital should be set aside, asking whether the remaining parts of the Supreme Court’s order were being implemented.
He also asked whether Imran Khan was being allowed meetings and whether he had been enabled to speak with his children.
The Supreme Court bench remarked that the Adiala Jail administration had been summoned in person that day, but no officer appeared, which amounted to an open violation of the Supreme Court’s decision.
The bench questioned whether warrants should be issued for the superintendent of Adiala Jail’s failure to appear. The Supreme Court’s order for Imran Khan’s transfer to hospital remained operative and in force. The further hearing was subsequently adjourned for three weeks.
