ISLAMABAD : The Supreme Court, during the hearing of a case concerning the transfer of PTI founder Imran Khan to Shifa International Hospital, summoned Attorney General Mansoor Usman Awan immediately.
The hearing was briefly adjourned until the Attorney General arrived. The Additional Attorney General appeared before the court after the short break, following which the court summoned the Attorney General in person. The hearing resumed after his appearance.
During the proceedings, the Additional Attorney General informed the court that the Federal Constitutional Court had sought the record of the case.
Justice Shahid Waheed asked whether the Attorney General was present at his office. Rana Asad replied that the Attorney General was present there.
Attorney General Mansoor Usman Awan said that under Article 175-E of the Constitution, the Federal Constitutional Court could call for the record of cases. He said the first question in the matter was one of jurisdiction.
Justice Shahid Waheed asked whether the Supreme Court was bound to comply with an order of the Federal Constitutional Court. The Attorney General said it would have to be determined from where the record could be summoned.
Justice Shahid Waheed remarked that the court wanted to understand the intent of the Constitution and believed in mutual respect between the judiciary. He added that the questions should not be taken negatively as they were being asked for clarification.
The Attorney General said that the jurisdictions of the Federal Constitutional Court and the Supreme Court were clearly defined in the Constitution.
Justice Shahid Waheed observed that the Federal Constitutional Court’s order stated that it would determine which court could hear cases involving fundamental rights. He noted that fundamental rights issues arise in every case.
The judge further remarked that the fundamental right to a fair trial arises in every criminal case.
Justice Shahid Waheed said the Federal Constitutional Court could interpret the Constitution, while matters other than constitutional interpretation fell within the jurisdiction of the Supreme Court.
The judge also asked the Attorney General whether the Federal Constitutional Court could call a case to itself and where the Constitution provided that a case could be taken from the Supreme Court.
Regarding Imran Khan’s transfer to hospital, Justice Shahid Waheed asked the Attorney General whether the Supreme Court’s order directing his transfer to hospital was still operative.
The Attorney General replied that it was.
Justice Shahid Waheed expressed displeasure over the absence of jail administration officials, saying they had been summoned in person but no government official appeared before the court.
The judge said the Supreme Court’s decision had been violated and that there was a serious lack of trust and communication.
Justice Shahid Waheed also asked whether warrants should be issued for the jail superintendent.
The Attorney General said it would be appropriate to give the officials an opportunity, adding that they might have assumed that the hearing would not take place that day.
Justice Shahid Waheed again remarked that the Supreme Court’s decision had been violated.
The Attorney General subsequently requested that the hearing be adjourned, and the court accepted the request and adjourned the proceedings.
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