Courts face packed week of PTI cases

SC, FCC and IHC take up politically charged cases amid constitutional changes

ISLAMABAD:

As the new judicial year begins on Monday (today), the courts face a packed and politically charged week, with the Supreme Court, Federal Constitutional Court (FCC) and Islamabad High Court (IHC) taking up a string of crucial cases involving Pakistan Tehreek-e-Insaf (PTI), former prime minister Imran Khan and the party's planned September 27 long march.

The proceedings come against the backdrop of the 27th Constitutional Amendment, which has shifted the SC's jurisdiction over constitutional interpretation to the newly established FCC, making this the first judicial year to begin under the new arrangement.

The FCC will hear appeals by three Adiala jail prisoners seeking treatment at private hospitals and PTI MNA Shair Afzal Marwat's challenge to the election of Sohail Afridi as Khyber Pakhtunkhwa chief minister, while the IHC will resume proceedings concerning the PTI long march and Imran Khan's transfer to Shifa International Hospital.

A ceremony is scheduled to be held in SC Courtroom No 1.

Chief Justice of Pakistan Yahya Afridi, Attorney General for Pakistan Mansoor Awan, Pakistan Bar Council Vice Chairman Masood Chishti and Supreme Court Bar Association President Haroonur Rasheed will address the audience.

The SC is now also bound to follow judgments of the FCC under the newly amended Article 189 of the Constitution.

Against this backdrop, attention is focused on CJ Yahya Afridi and whether, as head of the SC, he will highlight the challenges confronting the superior judiciary following the 27th Amendment.

Lawyers believe that curbing executive influence remains the judiciary's biggest challenge, arguing that such influence has further increased following the constitutional amendment.

They also point to the role of some judges in facilitating "executive dominance" in decision-making within the judiciary.

As the SC holds its ceremony to mark the opening of the new judicial year today, the FCC is simultaneously taking up two significant cases.

The FCC proceedings come just two days before the SC is due to hear a contempt petition against the prime minister and others over the alleged non-implementation of its August 18 order concerning the proposed shifting of former prime minister Imran Khan to Shifa Hospital.

The constitutional court is hearing appeals filed by three Adiala jail prisoners seeking treatment at private hospitals. The prisoners have challenged an Islamabad High Court order rejecting their pleas for treatment at private hospitals, similar to the relief granted to Imran Khan.

A three-member FCC bench headed by Chief Justice Amin-ud-Din Khan and comprising Justice Aamer Farooq and Justice Ali Baqar Najafi will hear the appeals.

The same bench is also hearing a petition filed by PTI MNA Shair Afzal Marwat challenging the election of Sohail Afridi as Khyber Pakhtunkhwa chief minister. Afridi was nominated by Imran Khan, who has already been disqualified under Articles 62 and 63 of the Constitution.

Lawyers have questioned the timing of the case's fixation. Even Marwat has said he would request the FCC to adjourn the matter until the PTI long march begins on September 27.

Meanwhile, a larger bench of the Islamabad High Court will resume hearing a petition challenging the PTI long march.

The bench has sought affidavits from the Khyber Pakhtunkhwa chief secretary and inspector general confirming that no state resources will be used for the PTI long march.

The bench has also questioned the conduct of the K-P chief minister in connection with the march.

Separately, a three-member IHC bench led by Justice Shahid Waheed will resume hearing the matter concerning the shifting of Imran Khan from Adiala jail to Shifa International Hospital.

Lawyers believe the outcome of the FCC proceedings in the case involving the three Adiala prisoners could have a bearing on the SC's hearing.

Meanwhile, Anti-Terrorism Courts (ATCs) will also resume proceedings in cases involving PTI leaders.

The ATC Peshawar is hearing the May 9 case against the K-P chief minister.