After the facility of Imran Khan’s private hospital, the Constitutional Court called for the records of the nationwide case
ISLAMABAD – The Federal Constitutional Court has sought the records of the case related to the founder of PTI. Imran Khan From the Supreme Court
This case is related to the transfer of Imran Khan to Shifa International Hospital, a private hospital in the capital, and the provision of private hospital facilities to other prisoners. During the hearing, the question was raised that which court has the authority to interpret the constitution and deal with cases of fundamental rights?
A three-member bench headed by Chief Justice Aminuddin Khan, Justice Ali Baqer Najafi and Justice Amir Farooq heard the appeal against the decision of the Islamabad High Court. The court ordered the Supreme Court to provide the record of proceedings related to the transfer of Imran Khan to Shifa International Hospital. It also asked courts across the country to produce 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 there is a question of constitutional interpretation in a case. Chief Justice Aminuddin Khan noted that the petitioner’s argument was straightforward: the Constitution and the law should apply equally to all, rich or poor.
Justice Ali Baqir Najafi then asked the Attorney General whether the government has raised any objection before the Supreme Court. The Attorney General said that the Supreme Court issued its order without issuing a notice to the government. However, Additional Attorney General Aamir Rehman raised the objection before the Supreme Court.
Justice Najafi also questioned whether the Supreme Court should have decided first whether the petition was admissible.
The Attorney General agreed and said that the power to interpret the Constitution now rests with the Federal Constitutional Court. Justice Amir Farooq pointed out that the case pending in the Supreme Court is of a criminal nature, while the case in the Federal Constitutional Court came through an appeal against the decision of the Islamabad High Court.
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He also noted that the Supreme Court order is still interim. Justice Najafi said that the central issue now is jurisdiction, in other words, which court should hear a case when it involves constitutional interpretation and fundamental rights.
With this question hanging over the proceedings, the Federal Constitutional Court sought records from the Supreme Court regarding the transfer of Imran Khan to Shifa International Hospital. The court also ordered that if similar cases are pending in any High Court, their records should also be sent to the Federal Constitutional Court.
The bench noted that the present case reached the High Court and later the Federal Constitutional Court following the Supreme Court’s August 18 order. The court also sought responses from the Advocate Generals of Islamabad and Punjab before adjourning the hearing for an indefinite period.
The post After the facility of Imran Khan’s private hospital, the Constitutional Court called for the records of the nationwide case appeared first on Daily Pakistan English News.
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