Federal Constitutional Court seeks a record of the Imran Khan case

During the hearing of the case regarding providing treatment facilities to prisoners in private hospitals, the Federal Constitutional Court has sought the record of the case pending in the Supreme Court regarding PTI founder Imran Khan.

A three-member bench headed by Chief Justice Aminuddin Khan heard the petition regarding the transfer of three prisoners to a private hospital. Important legal points related to the treatment of prisoners and judicial authority were discussed during the proceedings.

The Attorney General told the court that under Clause 5 of Article 175E of the Constitution, the Federal Constitutional Court can seek records from any court in the country on questions related to constitutional interpretation. In this context, he also talked about seeking records of Imran Khan’s case.

Chief Justice Aminuddin Khan remarked that the petitioner’s position is that the law and the constitution should be applied equally to everyone, including the rich and the poor. Justice Ali Baqir Najafi asked the Attorney General whether an objection was raised in the Supreme Court on this matter.

The Attorney General said that Additional Attorney General Amir Rehman had raised an objection in the Supreme Court. According to him, the Supreme Court ordered without issuing a notice to the government.

During the hearing, Justice Ali Baqir Najafi also raised a question regarding the admissibility of the petition. The Attorney General said that the power of constitutional interpretation now lies with the Federal Constitutional Court.

Justice Amir Farooq clarified that the case pending in the Supreme Court is of a criminal nature, while the Federal Constitutional Court has a case against the Islamabad High Court decision. He also said that the Supreme Court’s order is currently interim in nature.

According to Justice Ali Baqir Najafi, the main question is the jurisdiction. The court also considered in which forum the cases related to constitutional interpretation and fundamental rights should be heard.

Later, the Federal Constitutional Court sought the record of the Supreme Court regarding the transfer of Imran Khan to Shifa Hospital. The court has also sought the record of similar cases pending in the Supreme Court and other high courts.

The court directed that if there is any such case pending in any high court, its record should also be provided. This development has made the legal debate on the treatment of prisoners, fundamental rights and jurisdiction of various courts more important.