Federal Constitutional Court has sought records linked to a case involving PTI founder Imran Khan.
The matter concerns his transfer to Shifa International Hospital, a private hospital in Islamabad. The case also raises questions about private hospital facilities for other prisoners across Pakistan.
During proceedings, the court considered an important jurisdictional question.
The bench examined which court can interpret the Constitution in cases involving fundamental rights.
Constitutional Court Seeks Supreme Court Record
A three-member bench heard an appeal against a decision of the Islamabad High Court.
Federal Constitutional Court Chief Justice Aminuddin Khan headed the bench.
Justice Ali Baqar Najafi and Justice Aamer Farooq were also part of the bench.
The court directed the Supreme Court to provide records concerning Imran Khan and his transfer to Shifa International Hospital.
It also sought records of similar cases from courts across Pakistan.
If comparable cases are pending before any High Court, their records must also be submitted.
Question of Equal Treatment Raised
The Attorney General informed the bench about the Federal Constitutional Court’s powers under Article 175-E(5).
According to his argument, the provision allows the court to seek records involving constitutional interpretation.
Chief Justice Aminuddin Khan also referred to the petitioner’s central argument.
He observed that the Constitution and law should apply equally to everyone, regardless of financial status.
The broader matter concerns whether private medical facilities should be available equally to eligible prisoners.
Court Examines Jurisdiction Issue
Justice Ali Baqar Najafi asked whether the government had objected before the Supreme Court.
The Attorney General said the Supreme Court issued its order without first notifying 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 examined the petition’s maintainability.
The Attorney General agreed with that position.
He argued that constitutional interpretation now falls within the authority of the Federal Constitutional Court.
Supreme Court Order Remains Interim
Justice Aamer Farooq highlighted differences between the proceedings before the two courts.
He noted that the matter before the Supreme Court was criminal in nature.
Meanwhile, the Federal Constitutional Court was hearing an appeal arising from an Islamabad High Court judgment.
The bench also observed that the Supreme Court’s order remained interim. Justice Najafi said jurisdiction had therefore become a central question in the proceedings.
The court must determine which forum should handle matters involving constitutional interpretation and fundamental rights.
Court Seeks Records From Across Pakistan
Following the discussion, the court sought the Supreme Court record concerning Imran Khan and his hospital transfer.
It also directed relevant High Courts to provide records of similar pending cases. The bench noted that the current matter followed an August 18 order of the Supreme Court.
The Federal Constitutional Court also requested responses from the Advocate Generals of Islamabad and Punjab.
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After issuing these directions, the bench adjourned the hearing for an indefinite period.
