Islamabad: The Supreme Court (SC) on Wednesday sought assistance from Attorney General of Pakistan (AGP) to determine how the Federal Constitutional Court (FCC) can hear the case regarding Pakistan Tehreek-e-Insaaf (PTI) founder Imran Khan’s transfer to hospital.
A three-member bench headed by Justice Shahid Waheed heard the case. Additional Attorney General Rana Asad informed the court that the Federal Constitutional Court issued its order yesterday and has sought the record of the case.
Justice Shahid Waheed remarked that the court had summoned government officers in its August 18 order, but none appeared, asking whether their non-appearance amounted to contempt of court.
He questioned whether the remaining parts of the court’s order were being implemented, and whether meetings and conversations with children were being facilitated.
The judge stated that the Federal Constitutional Court cannot intervene in matters of the Quran and Sunnah, and can only interpret the Constitution. “All matters other than constitutional interpretation rest with the Supreme Court,” he said.
Justice Shahid Waheed remarked in response: “Should the court dismiss the petitions today or not hear them? Are we bound by the Constitutional Court’s order?”
The Attorney General said that under the Constitution, the Constitutional Court can summon case records as well as cases, and it must be determined where the Constitutional Court can summon records from.
Justice Shahid Waheed asked Attorney General, assist us on how the Federal Constitutional Court can hear such cases.
Justice Shahid Waheed noted that Adiala Jail administration had been summoned in person today, and that the Supreme Court’s decision was violated. “Should we issue arrest warrants for the jail superintendent?” he asked, to which the Attorney General replied that it would be appropriate to give one more opportunity.
Justice Shahid Waheed remarked that in the review petition, the government had written that treatment cannot take place in a private hospital. The Attorney General said the record has been provided as per the court’s order.
The Attorney General told the court that the jurisdictions of the Constitutional Court and the Supreme Court are clearly defined in the Constitution. Justice Shahid Waheed remarked that the Constitutional Court’s order states it will determine who can hear fundamental rights cases, adding that fundamental rights issues arise in every case, and the right to a fair trial surfaces in every criminal case.
The Supreme Court observed that the Constitutional Court ordered records of cases to be summoned and scheduled for hearing, asking what the consequences of such an order would be. “Attorney General, assist us on this point,” the court directed.
Attorney General Mansoor Awan submitted that it would be appropriate to adjourn the hearing for three weeks. The Supreme Court accepted the request and adjourned the case for three weeks.