ISLAMABAD: The Supreme Court resumed hearings in the case concerning the transfer of the PTI founder to a hospital, with Attorney General appearing before the court after a pause in proceedings.
The attorney general read out the constitutional court's order before the bench. According to the Constitution, the constitutional court can summon not only case records but also the cases themselves, the attorney general stated.
The order states that records should be summoned and cases scheduled, Justice Shahid Waheed noted. "The word 'scheduling cases' is troubling us," he said.
"We want to understand the intent of the Constitution," Justice Waheed said, adding that the judiciary believes in mutual respect among courts.
"Please do not take our questions negatively, they are only meant for understanding," Justice Waheed told the attorney general.
The jurisdictions of the constitutional court and the Supreme Court are clearly defined in the Constitution, the attorney general said.
The constitutional court's order states it will determine who can hear fundamental rights cases, Justice Waheed noted. "Fundamental rights are involved in every case," he said. "The fundamental right to a fair trial comes up in every criminal case."
The attorney general said he would not comment on the constitutional court's questions but would assist on the point of judicial jurisdiction. "This is the first case of its kind," he said.
"Nothing is above the Constitution, law, and the Holy Quran in this country," Justice Waheed said. He asked whether the constitutional court would not be bound by Supreme Court decisions made in light of the Quran and Sunnah.
Article 189 is clear regarding the application of judgments, the attorney general said. The constitutional court cannot interfere in matters of Quran and Sunnah, Justice Waheed said. The constitutional court can only interpret the Constitution, and all matters other than constitutional interpretation rest with the Supreme Court, he added.
The Supreme Court's Shariat bench can interpret Quran and Sunnah, the attorney general said.
Justice Waheed questioned whether the court should dismiss the petitions today or not hear them, and whether the court is bound by the constitutional court's order.
The attorney general said it must be determined where the constitutional court can summon records from. He suggested it would be appropriate for the court to defer the hearing.
Justice Waheed noted that Adiala Jail administration had been summoned in person today, but no government officials appeared. "The Supreme Court's decision has been violated," he said. "There is a severe lack of trust and communication."
Government officials should have appeared today, the attorney general said.
Justice Waheed asked whether arrest warrants should be issued for the jail superintendent. The attorney general suggested giving them one opportunity, saying officials may have thought there would be no hearing today.
Justice Waheed noted the government stated in its review petition that treatment cannot be provided at a private hospital. "The Supreme Court's order has not been implemented," he said. The attorney general said records have been provided in accordance with the court's order.
"The Supreme Court's order still stands," Justice Waheed said.
Lawyer Ayesha Khan said only one sister was able to meet the PTI founder. "Let's see what stance the attorney general takes on the transfer case at the next hearing," Justice Waheed said.
Lawyer Azhir Bhandari said he would assist the court on Article 175E.
Lawyer Salman Akram Raja argued that no constitutional interpretation was required in the PTI founder's criminal appeal, nor is constitutional interpretation needed in contempt petitions. He said the PTI founder was not transferred to a hospital despite a court order.
The court noted that the appeals before it stemmed from a criminal case and contempt petitions. An interim order was issued at the previous hearing. The case was scheduled for hearing today, and it was told that some cases were filed as a result of the order.
The court was informed that some cases reached the constitutional court from the Islamabad High Court. Interim relief granted to the PTI founder in the cases was sought.
Before proceeding with the cases, the constitutional court summoned the record of cases pending in the Supreme Court. The attorney general appeared on the court's request and read out the constitutional court's order.
The constitutional court's order directed that cases be transferred from the Supreme Court and scheduled there. The Supreme Court sought the attorney general's assistance on how to proceed with the pending cases.
"We do not want any conflict to arise between the superior courts," the Supreme Court said.
The attorney general acknowledged that what happened had never happened before. He requested two weeks to assist the court. The Supreme Court adjourned the hearing for three weeks on the attorney general's request.
