Islamabad High Court Rejects Three Adiala Prisoners’ Petitions for Private Medical Care and Overseas Contact

The Islamabad High Court has rejected three petitions from Adiala Jail prisoners who sought the same kind of relief recently granted to Pakistan Tehreek-e-Insaf founder Imran Khan.

Justice Muhammad Asif issued separate written judgments on petitions by Owais Altaf, Muhammad Ilyas Khan and Muhammad Ismail Hussain. Altaf and Ilyas asked to receive treatment at private hospitals, arguing that the necessary facilities were unavailable in the government hospital system. Hussain sought permission to communicate with his brother abroad through WhatsApp.

The cases followed an Aug. 18 Supreme Court order directing authorities to transfer Imran Khan to Shifa International Hospital for medical examination and treatment. The prisoners argued that the order supported their own requests. Their lawyer also said one prisoner had a serious bleeding disorder and internal bleeding in the large intestine, potentially creating a life-threatening condition. The prisoner had spent about six months in custody and had repeatedly been taken to hospital, the lawyer said.

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Every technical facility cannot be declared a fundamental right.

The IHC ruled that imprisonment lawfully restricts a person’s freedom but does not create a right to every facility of choice. “Every technical facility cannot be declared a fundamental right,” the court said. It held that prisoners have no legal right to transfer to a private hospital of their choice.

The court said responsibility for prisoners’ treatment rests primarily with the state administration and government hospitals. It cited Rule 197 of the Pakistan Prison Rules, which provides for transfer to a hospital outside the prison when necessary. “However, where treatment is not possible at a government hospital, the authorities can consider transferring a prisoner to a private medical facility on the recommendation of a medical board,” the court ruled.

The IHC said the Supreme Court’s Aug. 18 directions were interim and did not establish a general right for every prisoner to seek private treatment. It ordered the jail administration to continue providing necessary medical care and dismissed Hussain’s request concerning communication with his brother abroad.

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However, where treatment is not possible at a government hospital, the authorities can consider transferring a prisoner to a private medical facility on the recommendation of a medical board.