Pakistan’s Federal Constitutional Court ordered the transfer of the Imran Khan hospital case from the Supreme Court on Tuesday. A three-member bench asserted its jurisdiction over matters involving constitutional interpretation and fundamental rights. This marks a significant shift in how the country’s top courts will handle similar cases going forward.
Why did the Federal Constitutional Court take over the case?
The court transferred the case after ruling that constitutional interpretation now falls under its jurisdiction rather than the Supreme Court’s. The bench, headed by Justice Aminuddin Khan, was hearing an appeal against an Islamabad High Court ruling on hospital facilities for three prisoners, including Khan. Additionally, it ordered the transfer of related review and contempt applications, halting the Supreme Court’s proceedings on the matter.
What was the case before the court?
The bench was hearing an appeal against an Islamabad High Court ruling concerning hospital facilities for three prisoners, including Khan, the founder of the Pakistan Tehreek-e-Insaf party. The court also ordered the transfer of the government’s review petition and contempt applications tied to the case. This effectively prevented the Supreme Court from proceeding further.
What did the Attorney General argue about jurisdiction?
Attorney General Mansoor Usman Awan argued that Article 175E, sub-clause 5, empowers the Federal Constitutional Court to call for case records from any court involving constitutional interpretation. “The authority to interpret the Constitution now rests with the Federal Constitutional Court,” Awan told the bench. Justice Ali Baqar Najafi asked whether the government had raised objections before the Supreme Court. “The Supreme Court passed the order without issuing notices to us,” Awan replied. He added that Additional Attorney General Amir Rehman had raised objections earlier. Najafi then asked whether the Supreme Court should have first determined the petition’s maintainability. “Exactly,” Awan responded.
What did the Supreme Court say about its order?
Justice Amir Farooq noted that the case before the Supreme Court was criminal in nature. “We have received the case against the Islamabad High Court’s decision,” Farooq said, adding that the order was interim. Najafi framed the central issue as one of jurisdiction, questioning who can now hear cases involving constitutional interpretation and fundamental rights. Justice Aminuddin Khan said constitutional and legal protections should apply equally to all citizens.
What did the court order for other high courts?
The Federal Constitutional Court also directed all high courts to submit records of cases involving similar legal questions. Therefore, records of any such pending cases will now move to the Federal Constitutional Court for consideration. Finally, the Supreme Court will no longer proceed with the pending Imran Khan hospital case, and the related review petition and contempt proceedings will shift to the new court as well.
