Federal Constitutional Court Seeks Imran Khan Case Record From Supreme Court
Mian Nadeem | Published September 15, 2026 | 01:39 PM
The power to interpret the Constitution now rests with the Federal Constitutional Court, as noted by Justice Ali Baqar Najafi.
In a case regarding treatment facilities for prisoners in private hospitals, the Federal Constitutional Court has requested the record of Imran Khan’s case from the Supreme Court. The request was made during a hearing before a three-member bench headed by Chief Justice Aminuddin Khan.
During the hearing, the Attorney General argued that under sub-section 5 of Article 175-E, the Federal Constitutional Court can access records of any court in the country when addressing constitutional interpretation issues.
Justice Aminuddin Khan highlighted the petitioner’s belief in equal application of the Constitution and law to both rich and poor.
Justice Ali Baqar Najafi inquired about an objection raised before the Supreme Court. The Attorney General explained that the Supreme Court had issued an order without providing notice, while Additional Attorney General Amir Rahman had indeed objected before the Supreme Court.
Justice Najafi further questioned whether the Supreme Court should have addressed the maintainability of the petition first. The Attorney General countered by stating that the authority for constitutional interpretation now lies with the Federal Constitutional Court.
Justice Amir Farooq noted that the case before the Supreme Court was criminal in nature and that it had been filed against a decision made by the Islamabad High Court. He added that the Supreme Court’s order remained interim.
Justice Ali Baqar Najafi emphasized the fundamental question of jurisdiction, asking which court could now hear cases involving constitutional interpretation and fundamental rights.
Consequently, the Federal Constitutional Court ordered the record of Imran Khan’s case from the Supreme Court, along with records of similar pending cases in other high courts.
