Pakistan’s Constitutional Court questions selective application of prison rules
Pakistan’s Federal Constitutional Court in Islamabad questioned the discriminatory application of prison rules while hearing complaints from three inmates of Adiala Jail. They are seeking treatment at private medical facilities similar to that granted by the Supreme Court to PTI founder Imran Khan.
As Dawn reports, the case was heard by a three-judge bench headed by Federal Constitutional Court Chief Justice Aminuddin Khan. Justice Ali Baqar Najafi said there should be no discrimination where the prison manual contains clear provisions.
Transfer rule
Justice Aamer Farooq drew attention to Rule 197 of the Pakistan Prison Rules of 1978. It sets out the procedure for transferring an inmate to a hospital, with the state required to cover the costs. Farooq asked why the petitioners insisted only on private hospitals rather than treatment at facilities such as the Pakistan Institute of Medical Sciences (PIMS) or Poly Clinic Hospital.
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Lawyer Akhtar Chhina, representing Muhammad Ilyas Khan, referred to a Supreme Court order of August 18. At that time, authorities were directed to transfer Imran Khan to Shifa International Hospital for a medical examination and treatment. The other petitioners, Mohammad Ismail Hussain and Owais Altaf, were represented by lawyers Irfan Nasir Cheema and Syed Jaffer Bukhari, respectively.
Previous ruling
On August 31, the Islamabad High Court dismissed the inmates’ petition. The court ruled that an inmate has no legal right to be transferred to a private hospital of their choice, while the primary responsibility for treatment rests with the state administrative system and public hospitals.
One of the petitions states that Rule 197 permits transfer to a civil hospital, and that, in the petitioner’s view, this term should not be limited to public medical facilities. The document also claims that the petitioner has problems with severe internal bleeding and has been taken to a public hospital eight times over the past two months. The court adjourned the hearing until September 15, noting that the case requires interpretation of the law.
