ISLAMABAD(National Times)- The Islamabad High Court (IHC) on Thursday reserved its verdict on petitions seeking treatment at private hospitals and communication with relatives through WhatsApp calls for three prisoners of Adiala jail, observing that prisoners’ rights could not be ignored merely because they were behind bars.
Justice Muhammad Asif reserved the judgement after hearing arguments from the petitioners, Advocate General Islamabad Naveed Hayat Malik, Advocate General Punjab Barrister Zafarullah and jail authorities.
The petitions were filed by Adiala jail prisoners Owais Altaf, Ilyas Khan and Muhammad Ismail. The pleas seek permission for treatment at private hospitals as the necessary medical facilities are allegedly unavailable at government hospitals, as well as permission to communicate with relatives through WhatsApp calls.
The matter has assumed significance following the Supreme Court’s Aug 18 order directing authorities to shift PTI founder Imran Khan to a private hospital for medical examination and treatment. Three other Adiala prisoners subsequently approached the IHC seeking similar relief.
During Thursday’s hearing, the petitioners’ counsel argued that one of the prisoners was suffering from a serious bleeding disorder and had developed internal bleeding in the large intestine, which could prove life-threatening.
The counsel said the prisoner had been in jail for around six months and had repeatedly been taken to hospital for treatment.
He argued that if the required treatment was not available within the prison or government hospital system, the prisoner should be shifted to a private hospital.
He further contended that the SC order was still operative and that its directions could not be treated as applicable only to the PTI founder.
The lawyer argued that prisoners were also citizens and were entitled to equal treatment before the law.
“Why can the relief given by the Supreme Court not be extended to a common prisoner?” the counsel questioned.
According to arguments, one of the petitioners, Muhammad Ismail, is an undertrial prisoner who has remained incarcerated for around six months and is suffering from a heart ailment.
The lawyer alleged that the Superintendent Adiala jail had rejected the request for treatment without consulting a doctor.
Barrister Zafarullah maintained that the authorities would follow whatever was provided under the law and prison rules.
The judge observed that the petitions involved two distinct issues. On the issue of treatment, the Punjab law officer opposed the requests for shifting the three prisoners to private hospitals.
Justice Asif, however, cautioned that the authorities could not “play with the illness of a prisoner”.
The court also examined the request for communication with relatives through WhatsApp.
Justice Asif questioned where the law prohibited a prisoner from speaking to his family.
The Punjab Advocate General replied that the rules permitted calls to persons residing in Pakistan, adding that exceptional circumstances could be considered if a disease could not be treated at a government hospital.
