ISLAMABAD – The Federal Constitutional Court sought records of a case involving PTI founder Imran Khan from the Supreme Court.
The case concerns Imran Khan’s transfer to Shifa International Hospital, a private hospital in capital, and the issue of providing private hospital facilities to other prisoners. During the hearing, a question was raised as to which court has authority to interpret the Constitution and deal with fundamental rights cases?
A three-member bench headed by Federal Constitutional Court Chief Justice Aminuddin Khan, along with Justice Ali Baqar Najafi and Justice Aamer Farooq, heard an appeal against an Islamabad High Court decision. The court ordered Supreme Court to provide the record of proceedings related to Imran Khan’s transfer to Shifa International Hospital. It also asked courts across the country to submit records of similar cases.
The move came after the Attorney General told the bench that Article 175-E(5) allows the Federal Constitutional Court to call for records from any court when a matter involves a question of constitutional interpretation. Chief Justice Aminuddin Khan noted that the petitioner’s argument was straightforward: the Constitution and the law should apply equally to everyone, whether rich or poor.
Justice Ali Baqar Najafi then asked the Attorney General whether the government had raised any objection before the Supreme Court. Attorney General said the Supreme Court had passed its order without issuing notice to the government. However, Additional Attorney General Aamir Rehman had raised an objection before the Supreme Court.
Justice Najafi also questioned whether the Supreme Court should first have decided whether the petition was maintainable.
Attorney General agreed, saying that the authority to interpret the Constitution now rests with the Federal Constitutional Court. Justice Aamer Farooq pointed out that the matter pending before the Supreme Court was criminal in nature, while the case before the Federal Constitutional Court had come through an appeal against an Islamabad High Court judgment.
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He also noted that the Supreme Court’s order was still interim. Justice Najafi said the central issue was now jurisdiction, in other words, which court should hear a case when it involves constitutional interpretation and fundamental rights.
With that question hanging over the proceedings, the Federal Constitutional Court sought the Supreme Court record concerning Imran Khan’s transfer to Shifa International Hospital. The court also ordered that if similar cases are pending before any High Court, their records must be sent to the Federal Constitutional Court as well.
The bench noted that the present case reached the High Court and later the Federal Constitutional Court following an August 18 order of the Supreme Court. The court also sought replies from the Advocate Generals of Islamabad and Punjab before adjourning the hearing for an indefinite period.
