IHC questions curbs on prisoners' treatment

Verdict reserved on inmates seeking private hospital care

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday questioned restrictions on the medical treatment of prisoners, observing that "you cannot play with a prisoner's illness" as it reserved its verdict on petitions seeking treatment at private hospitals for three inmates of Adiala Jail.

Justice Mohammad Asif, who heard the petitions filed by two under-trial prisoners and one convicted inmate, questioned what authorities would do if a prisoner developed a serious illness and stressed that medical needs could not simply be subordinated to jail rules.

The petitioners' counsel invoked the Supreme Court's August 18 order allowing PTI founder Imran Khan to be treated at a private hospital, arguing that the order remained in force and that the IHC was bound to follow it.

The Punjab and Islamabad advocate generals opposed the petitions, maintaining that the existing jail rules provided for the treatment of inmates at government hospitals and that there was no medical report suggesting that the petitioners could not be treated at Pims.

However, the court questioned the state of facilities at Pims and advised both law officers to visit the hospital in the wake of the recent tragic fire that claimed the lives of 14 infants at the hospital.

The three petitioners - Owais Altaf, Ilyas Khan and Mohammad Ismail - had approached the court seeking treatment at a private hospital.

The counsel for one of the petitioners said the prisoner was suffering from internal bleeding, saying the condition was similar to thalassaemia. He said the prisoner had been in jail for six months and had been taken to hospital several times for treatment.

He said the prisoner was suffering from internal bleeding in the large intestine, which posed a threat to his life, and argued that appropriate medical facilities should be provided, otherwise the jail authorities would be responsible.

Referring to Imran Khan's case, the counsel said the SC's August 18 order remained in force. "This is the case of an under-trial prisoner. The Supreme Court granted this relief even in the case of a convicted prisoner," he argued.

Counsel for another petitioner appeared before the court through video link and said the under-trial prisoner was suffering from a heart condition and had been incarcerated at Adiala Jail for six months.

He said the lower part of the prisoner's body was not functioning and that he was unable even to walk. The Adiala Jail superintendent, he alleged, had rejected the request for treatment without consulting a doctor.

The court asked whether the jail superintendent was also a doctor. The lawyer replied: "He may have received an education."

Justice Asif then addressed Punjab Advocate General Barrister Zafarullah and asked, "AG sahib, this is their innocent little wish. What do you have to say about it?"

Barrister Zafarullah replied that if the law provided for it, their "innocent wish" would be fulfilled. He contended that there were three petitions involving two issues - one concerning treatment and the other seeking permission for communication through video calls.

At this, Justice Asif asked what a prisoner should do if he developed an illness. The Punjab advocate general responded that the country's highest office-holders were treated at Pims.

The court observed that 14 children had died the previous day.