The power to interpret the Constitution now rests with the Federal Constitutional Court, Justice Ali Baqar Najafi remarked.
ISLAMABAD, (UrduPoint / Pakistan Point News – 15th Sep, 2026) The Federal Constitutional Court has sought the record of Imran Khan’s case from the Supreme Court in a case concerning treatment facilities for prisoners at private hospitals.
The case was heard by a three-member bench headed by Chief Justice Aminuddin Khan.
During the hearing, the Attorney General said the Federal Constitutional Court should also obtain the record of Imran Khan’s case from the Supreme Court. He said that under sub-section 5 of Article 175-E, the Federal Constitutional Court can call for the record of any court in the country on a question involving constitutional interpretation.
Justice Aminuddin Khan said the petitioner’s position was that the Constitution and law should apply equally to the rich and the poor.
Justice Ali Baqar Najafi asked the Attorney General whether an objection had been raised before the Supreme Court.
The Attorney General told the court that the Supreme Court had issued an order without giving them notice, while Additional Attorney General Amir Rahman had raised an objection before the Supreme Court.
Justice Ali Baqar asked whether the Supreme Court should not have first decided the issue of the petition’s maintainability.
The Attorney General replied that this was exactly the case, adding that the power to interpret the Constitution now lies with the Federal Constitutional Court.
Justice Amir Farooq said the case pending before the Supreme Court was criminal in nature and that the case before the Federal Constitutional Court had come against an Islamabad High Court decision.
He added that the Supreme Court’s order was still interim.
Justice Ali Baqar Najafi said the fundamental question concerned jurisdiction: which court could now hear a case involving constitutional interpretation and fundamental rights?
The Federal Constitutional Court subsequently sought the record of the former prime minister’s case from the Supreme Court.
It also sought records of similar cases pending before the Supreme Court and other high courts. The court directed that the records of any such cases pending before a high court be sent to it.
