ISLAMABAD(The COW News Digital) Pakistan’s Federal Constitutional Court has sought records from the Supreme Court and courts across the country in a case concerning the possible transfer of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan to a private hospital and the provision of similar medical facilities to three prisoners.
A three-member bench headed by Chief Justice Aminuddin Khan, with Justice Ali Baqar Najafi and Justice Amir Farooq as members, heard an appeal against an Islamabad High Court decision related to the matter.
During the proceedings, the Attorney General told the court that Article 175E, sub-clause 5 of the Constitution, empowers the Federal Constitutional Court to call for records from any court when a matter involves a question of constitutional interpretation.
Chief Justice Aminuddin Khan observed that the petitioner’s position was that constitutional and legal provisions should be applied equally to both wealthy and less privileged individuals.
Justice Ali Baqar Najafi questioned the Attorney General about whether objections had been raised before the Supreme Court. The Attorney General replied that the Supreme Court had issued its order without serving notice on the government, while Additional Attorney General Amir Rehman had raised an objection before the apex court.
Justice Najafi further asked whether the Supreme Court should first have determined the maintainability of the petition. The Attorney General agreed, maintaining that the Federal Constitutional Court now holds jurisdiction over questions involving constitutional interpretation.
Justice Amir Farooq noted that the matter pending before the Supreme Court was criminal in nature, whereas the case before the Federal Constitutional Court had arisen from an Islamabad High Court ruling. He also pointed out that the Supreme Court’s order remained interim.
Justice Najafi said the central issue before the bench was jurisdiction, particularly which court now has authority to hear cases involving constitutional interpretation and fundamental rights.
Following the hearing, the Federal Constitutional Court ordered the Supreme Court to provide the record concerning the request for Imran Khan’s transfer to Shifa International Hospital. It also directed courts across Pakistan to submit records of cases involving similar requests for private medical facilities for prisoners.
The court further instructed that if any case of a similar nature is currently pending before a high court, its record should also be forwarded to the Federal Constitutional Court.
The bench observed that the present matter had reached the Islamabad High Court and subsequently the Federal Constitutional Court following an August 18 order of the Supreme Court.
The court also sought responses from the Advocates General of Islamabad and Punjab before adjourning the proceedings for an indefinite period.
