Islamabad: The Islamabad High Court (IHC) on Thursday reserved its verdict on petitions filed by three Adiala Jail prisoners seeking treatment at private hospitals on the lines of relief granted to PTI founder.
Justice Muhammad Asif heard petitions filed by two under-trial prisoners, Owais Altaf and Ilyas Khan, and a convicted prisoner, Muhammad Ismail.
During the proceedings, the petitioners’ counsel argued that the Supreme Court’s August 18 order concerning the PTI founder’s medical treatment was still in force and that the high court was bound to implement it.
He said the Supreme Court had associated Dr Uzma Khan, sister of the PTI founder, with the medical board and had allowed the prisoner to bear the expenses of treatment at a private hospital.
‘Why can’t the relief granted by the Supreme Court be extended to an ordinary prisoner?’ the counsel argued.
The counsel said one of the prisoners was suffering from internal bleeding, describing it as a condition similar to thalassemia. He said the prisoner had been in jail for six months and had been taken to hospital several times, but his condition had not improved.
He contended that internal bleeding in the large intestine posed a serious threat to the prisoner’s life and that appropriate medical facilities should be provided, otherwise the jail authorities would be held responsible.
The counsel said the prisoner had approached the jail authorities for treatment, but the Adiala Jail superintendent had rejected the request, maintaining that under the rules prisoners could only be shifted to government hospitals.
Counsel for another prisoner, appearing through video link, said the under-trial prisoner had been suffering from a heart ailment for six months and the lower part of his body was not functioning, leaving him unable to walk.
He said the jail superintendent had rejected the request for treatment without consulting a doctor.
Justice Muhammad Asif asked whether the jail superintendent was also a doctor. The counsel replied that the superintendent might have received some medical education.
Addressing Punjab Advocate General Barrister Zafarullah, the judge remarked that the prisoners had made a ‘simple’ request and asked for his response.
The Advocate General said if the law permitted it, their request would be fulfilled. He said the three petitions involved two issues-medical treatment and permission to communicate with family members through video calls.
Justice Muhammad Asif questioned what a prisoner should do if he developed a serious illness.
The Punjab Advocate General said some of the country’s highest office-holders received treatment at Pakistan Institute of Medical Sciences (PIMS).
The judge observed that 14 children had died in an incident the previous day and questioned whether people could be expected to seek treatment at a major hospital if adequate facilities were unavailable there.
The Advocate General termed the incident tragic and said there was no justification for it. He added that PIMS had some of the country’s best doctors, though such incidents could occur anywhere.
The court observed that preventing such incidents was the responsibility of the government, adding that it was regrettable that such an incident had occurred in a hospital in the federal capital.
The Advocate General said the authorities were still following manuals framed during the British era. He added that if, God forbid, a prisoner developed a condition that could not be treated at a government hospital, the matter could then be considered.
Justice Muhammad Asif questioned what would happen if a prisoner requested that a specialist doctor be brought from Karachi, or if a prisoner was at the brink of death and the authorities only considered the law.
The judge also asked whether a prisoner who had no one in Pakistan would still be denied a telephone call to relatives abroad.
The Punjab Advocate General replied that the authorities would follow the law, whether right or wrong, adding that the rules permitted telephone calls to persons within Pakistan.
Advocate General Islamabad Naveed Hayat Malik also opposed shifting the prisoners to private hospitals.
He said the government’s position was not that prisoners should be denied medical treatment, stressing that prisoners also enjoyed rights under the Constitution.
He referred to Articles 9, 14 and 25 of the Constitution, relating to security of life, dignity and equality, and said the jail rules provided a complete mechanism for treatment of sick prisoners.
He said Chapter 32 of the jail rules clearly laid down the procedure, under which medical officers examined prisoners and made recommendations. He added that the opinion of the medical officer was already available in the report submitted by the Adiala Jail superintendent.
The Advocate General said there was no report from either the medical officer or the superintendent stating that treatment of the prisoners was not possible at PIMS.
Justice Muhammad Asif observed that the condition of PIMS should also be examined and suggested that both law officers visit the hospital.
After hearing detailed arguments from all sides, the court reserved its verdict.
