ISLAMABAD: The Federal Constitutional Court (FCC) has sought records of all cases concerning private medical treatment for prisoners pending before the Supreme Court and high courts.
A three-member bench headed by Chief Justice Aminuddin Khan issued the order while hearing a petition seeking private hospital facilities for three prisoners on the lines of facilities previously provided to PTI founder Imran Khan.
The court directed that records of similar cases pending before high courts be submitted to it. It also sought from the Supreme Court records of contempt proceedings involving Imran Khan, his request for transfer to a hospital and a review petition related to his medical treatment.
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Attorney General for Pakistan told the bench that under sub-clause 5 of Article 175E of the Constitution, the FCC has the authority to call for records from any court when a case involves a question of constitutional interpretation.
Chief Justice Aminuddin Khan observed that the petitioner's argument was that constitutional and legal provisions should be applied equally to the rich and poor.
Justice Ali Baqar Najafi asked whether the government had raised an objection before the Supreme Court. The attorney general replied that the Supreme Court had issued an order without first serving notice on the government.
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He said Additional Attorney General Amir Rehman had raised an objection before the Supreme Court.
Justice Najafi questioned whether the Supreme Court should have first determined the maintainability of the petition. The attorney general agreed, saying that maintainability was the issue.
The attorney general further argued that the authority to interpret constitutional provisions now rests with the FCC.
Justice Aamer Farooq observed that the case pending before the Supreme Court was criminal in nature, while the matter before the FCC had arisen from an Islamabad High Court judgment. He added that the Supreme Court's order was still interim.
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Justice Najafi said the fundamental issue before the court was jurisdiction, particularly which forum now had the authority to hear matters involving constitutional interpretation and fundamental rights. Tags: fccseeksrecordsprisonersmedicaltreatment
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