Islamabad (HRNW)- The Federal Constitutional Court has sought records of similar cases from courts across the country, including the Supreme Court, concerning the transfer of the PTI founder to Shifa Hospital and the provision of facilities to three prisoners at a private hospital.
A three-member bench headed by Chief Justice of the Federal Constitutional Court Justice Amin-ud-Din Khan and comprising Justice Ali Baqar Najafi and Justice Aamer Farooq heard an appeal against an Islamabad High Court decision.
During the hearing, the Attorney General said that under Clause 5 of Article 175-E, the Federal Constitutional Court has the authority to summon records from any court in the country on matters involving constitutional interpretation. Justice Amin-ud-Din Khan noted the petitioner’s position that the Constitution and law should apply equally to the rich and the poor.
Justice Ali Baqar Najafi asked whether an objection had been raised before the Supreme Court. The Attorney General replied that the Supreme Court had issued its order without notifying them, although Additional Attorney General Aamer Rehman had raised an objection before the apex court.
The judge also questioned whether the Supreme Court should have first determined the maintainability of the petition. The Attorney General agreed, stating that authority over constitutional interpretation now rests with the Federal Constitutional Court.
Justice Aamer Farooq observed that the matter before the Supreme Court was criminal in nature, while the case before the Federal Constitutional Court was an appeal against the Islamabad High Court’s decision. He added that the Supreme Court’s order was currently interim in nature.
Justice Ali Baqar Najafi said the central issue was jurisdiction and whether constitutional-interpretation and fundamental-rights matters fall within the authority of the Federal Constitutional Court.
The court subsequently requisitioned the Supreme Court’s record concerning the PTI founder’s proposed transfer to Shifa Hospital and ordered that records of similar cases pending before any High Court also be forwarded to it.
The court noted that the case had reached the High Court and subsequently the Federal Constitutional Court following an August 18 order of the Supreme Court. It also sought responses from the Advocate Generals of Islamabad and Punjab before adjourning the hearing for an indefinite period.
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