Islamabad (Pakistan News) — The Federal Constitutional Court has sought records of cases pending in courts across the country concerning the transfer of the PTI founder to Shifa Hospital and the provision of medical facilities at a private hospital to three prisoners.
A three-member bench comprising Chief Justice of the Federal Constitutional Court Justice Aminuddin Khan, Justice Ali Baqar Najafi and Justice Aamer Farooq heard an appeal against a High Court decision.
During the hearing, the Attorney General maintained that under sub-clause 5 of Article 175E of the Constitution, the Federal Constitutional Court can call for the record of any court in the country in matters concerning constitutional interpretation.
Chief Justice Aminuddin Khan said the petitioner’s position was that the Constitution and law should be applied equally to everyone, whether rich or poor.
Justice Ali Baqar Najafi asked the Attorney General whether an objection had been raised before the Supreme Court in this matter. The Attorney General said the Supreme Court had issued an order without issuing notices, while Additional Attorney General Aamer Rahman had raised an objection before the apex court.
Justice Ali Baqar Najafi asked whether the Supreme Court should not have first decided whether the petition was maintainable. The Attorney General replied that it should have done so because the authority to interpret the Constitution now rests with the Federal Constitutional Court.
Justice Aamer Farooq observed that the matter pending before the Supreme Court was criminal in nature, while an appeal against the Islamabad High Court’s decision was pending before the Federal Constitutional Court. He said the Supreme Court’s order was still interim in nature.