Pak Supreme Court Postpones Hearing on Ex-PM Khan’s Hospital Transfer Case
Pakistan’s Supreme Court postponed its hearing on Imran Khan’s hospital transfer over jurisdiction issues.
Why it matters: The delay highlights jurisdictional conflicts between Pakistan’s Supreme Court and Federal Constitutional Court, impacting constitutional rights enforcement and precedent-setting in detainee medical cases.
- Aug 18, 2026: Supreme Court orders Imran Khan’s transfer to Shifa International Hospital for medical evaluation.
- Sep 15, 2026: Federal Constitutional Court (FCC) summons all records from Supreme Court relating to Khan’s transfer, citing Article 175-E of the Constitution.
- Three prisoners petition FCC for similar hospital transfers, referencing Khan’s case as precedent.
- Sep 16, 2026: Supreme Court postpones hearing for three weeks, questioning FCC’s jurisdiction over the matter.
On August 18, 2026, Pakistan’s Supreme Court directed authorities to transfer former Prime Minister Imran Khan to Shifa International Hospital. The court ordered a medical evaluation by a multidisciplinary panel to assess Khan’s health.
Following this, on September 15, the Federal Constitutional Court (FCC) invoked Article 175-E of Pakistan’s Constitution, which empowers it to hear cases involving fundamental rights. The FCC summoned the full record of Supreme Court proceedings concerning Khan’s hospital transfer after three inmates at Adiala Jail filed petitions seeking similar medical transfers, citing Khan’s case as precedent.
However, the Supreme Court raised doubts about the FCC’s authority in this matter. On September 16, the court postponed its hearing for three weeks, specifically questioning the FCC's jurisdiction over the hospital transfer petitions. Supreme Court Justice Shahid Waheed emphasized, "Fundamental rights are involved in every case," while Justice Naeem Akhtar Afghan said, "Both institutions have to co-exist," recognizing the need for a balance between courts.
This standoff reflects deeper tensions between Pakistan’s two highest courts following the establishment of the FCC through the 27th Constitutional Amendment. That amendment created the FCC to oversee constitutional interpretation and safeguard fundamental rights, including cases of detainee health and treatment. The Khan transfer dispute has become a key test of how the Supreme Court and FCC will delineate their respective powers in sensitive, high-profile legal matters.
By the numbers:
- 3 weeks — duration of Supreme Court hearing postponement
- 27th Amendment — constitutional amendment establishing the Federal Constitutional Court
- 3 inmates — number of petitioners seeking similar hospital transfers citing Khan’s case
Yes, but: While the FCC asserts a role in fundamental rights cases, the Supreme Court’s questioning of its jurisdiction signals ongoing uncertainties about the FCC’s scope and limits under Pakistan’s constitutional framework.
What's next: The Supreme Court will revisit the hospital transfer case after its three-week postponement, potentially clarifying jurisdictional boundaries with the FCC.