IHC rejects prisoners’ pleas for private hospital treatment, overseas WhatsApp contact

The Islamabad High Court (IHC) on Monday rejected petitions filed by three prisoners at Adiala Jail who had requested permission to receive

ISLAMABAD: The Islamabad High Court (IHC) on Monday rejected petitions filed by three prisoners at Adiala Jail who had requested permission to receive medical treatment at private hospitals and communicate with relatives living abroad, seeking relief similar to that granted to Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan.

Justice Muhammad Asif issued separate written judgments in the cases after reserving his decision on August 27. The petitions were filed by prisoners Owais Altaf, Muhammad Ilyas Khan and Muhammad Ismail Hussain.

In its judgments, the court observed that imprisonment necessarily involved restrictions on an individual’s freedom under the law. However, being a prisoner did not give a person the right to demand every facility of their choice.

The cases gained attention after the Supreme Court (SC), on August 18, directed authorities to transfer Imran Khan to Shifa International Hospital for medical examination and treatment. Following that order, the three Adiala Jail prisoners approached the IHC, arguing that they should also be allowed similar facilities.

Altaf and Ilyas had requested permission to receive treatment at private hospitals. They argued that adequate medical facilities required for their treatment were not available within the government healthcare system. Hussain, meanwhile, sought permission to communicate with his brother, who lives abroad, through WhatsApp.

During the proceedings, the petitioners’ lawyer highlighted the medical condition of one of the prisoners. According to the counsel, the prisoner was suffering from a serious bleeding disorder and had developed internal bleeding in the large intestine, creating a potentially life-threatening situation. The lawyer further told the court that the prisoner had been in custody for approximately six months and had been taken to hospital several times during that period.

In its written judgment, the IHC held that although prisoners retained their fundamental rights subject to lawful restrictions, not every facility could be considered a fundamental right. The court made it clear that prisoners did not have an automatic legal entitlement to choose a private hospital for their treatment.

The court stated that the state, through its administrative institutions and government hospitals, was primarily responsible for providing medical care to prisoners. It referred to Rule 197 of the Pakistan Prison Rules, which provides a mechanism for transferring prisoners to hospitals outside the jail when required.

However, the court clarified that if a prisoner’s required treatment could not be provided at a government hospital, the authorities could consider shifting the prisoner to a private medical facility. Such a transfer, it said, would require a recommendation from a medical board.

The IHC also examined the petitioners’ reliance on the Supreme Court’s August 18 order regarding Imran Khan. While acknowledging that decisions of the Supreme Court were binding on High Courts, it noted that the directions issued on August 18 were interim in nature and that the matter remained pending before the apex court.

Therefore, the interim order could not be interpreted as establishing a general legal right for every prisoner to demand treatment at a private hospital of their choice.

The IHC directed Adiala Jail authorities to continue providing all necessary medical facilities to the prisoners in accordance with the law and prison regulations.

The court also dismissed Muhammad Ismail Hussain’s request to communicate with his brother abroad through WhatsApp. It observed that he had failed to demonstrate that the jail administration’s August 2 decision was unlawful or that it had violated his fundamental rights.

The court nevertheless noted that where WhatsApp, video calls or other lawful communication methods were available, authorities could consider prisoners’ requests while keeping prison discipline, security requirements and the Pakistan Prison Rules 1978 in view.

During the proceedings, Punjab Advocate General Barrister Zafarullah assured the court that authorities would follow the law and prison rules. Islamabad Advocate General Naveed Hayat Malik and representatives of the jail administration also appeared before the court.