IHC rejects plea for private treatment

The Islamabad High Court (IHC) on Monday dismissed petitions filed by three inmates of Adiala jail seeking treatment at private hospitals and permission to speak to their families abroad as permitted in the case of PTI founder Imran Khan, observing that private medical treatment could only be allowed on the recommendation of a medical board.

The Supreme Court on August 18 ordered that Imran be taken to Islamabad's Shifa International Hospital within two days for medical examination and treatment, while directing the government to constitute a specialised medical board for his care.

Justice Mohammad Asif announced the decisions on petitions filed by prisoners Owais Altaf, Ilyas Khan and Mohammad Ismail. The court had reserved its verdict on August 27 after hearing arguments in the three separate cases.

In its ruling, the high court observed that prisoners could not claim treatment at a private hospital as a fundamental right without a medical board determining that the required treatment was unavailable either at the jail hospital or at a government hospital.

The petitioners had sought facilities similar to those extended to the PTI founder, including treatment at private hospitals and telephone contact with family members living overseas.

The court said that where the necessary medical facilities were not available at government hospitals in Islamabad, a medical board could be constituted to assess the prisoner's condition and recommend treatment at a private hospital.

"Treatment of a prisoner at a private hospital can only be allowed on the recommendation of a medical board," the court maintained.

While dealing with Mohammad Ismail's petition, the court observed that the petitioner had failed to establish that an August 2 office order was unlawful or that it violated any of his fundamental rights.