Summary The order came during a hearing on a petition seeking private hospital facilities for three prisoners on the lines of those previously provided to PTI founder Imran Khan
ISLAMABAD (Dunya News) – The Federal Constitutional Court has sought records of all cases concerning private medical treatment for prisoners pending before the Supreme Court and high courts.
The order came during a hearing on a petition seeking private hospital facilities for three prisoners on the lines of those previously provided to PTI founder Imran Khan.
A three-member bench headed by Chief Justice Aminuddin Khan directed that records of any similar cases pending before high courts be submitted to the Federal Constitutional Court.
The court also sought from the Supreme Court records relating to contempt proceedings involving Imran Khan, his request for transfer to a hospital and a review petition connected with his medical treatment.
Attorney General for Pakistan told the bench that under sub-clause 5 of Article 175E of the Constitution, the Federal Constitutional Court has the authority to call for records from any court when a matter involves a question of constitutional interpretation.
Justice Aminuddin Khan observed that the petitioner's argument was that constitutional and legal provisions should be applied equally to both the rich and the poor.
Justice Ali Baqar Najafi asked the attorney general whether the government had raised an objection before the Supreme Court. The attorney general replied that the Supreme Court had issued an order without first serving notice to the government.
He said Additional Attorney General Amir Rehman had raised an objection before the Supreme Court.
Justice Najafi questioned whether the Supreme Court should first have determined the maintainability of the petition. The attorney general agreed, saying that this was indeed the issue.
The attorney general further argued that the authority to interpret constitutional provisions now rests with the Federal Constitutional Court.
Justice Aamer Farooq observed that the case pending before the Supreme Court was criminal in nature, whereas the matter before the Federal Constitutional Court had come against an Islamabad High Court judgment. He added that the Supreme Court's order was still interim.
Justice Najafi said the fundamental issue before the court was jurisdiction, particularly which forum now had the authority to hear cases involving constitutional interpretation and fundamental rights.
