ISLAMABAD: The Federal Constitutional Court (FCC) on Monday issued notices to the Attorney General for Pakistan and other parties on appeals filed by three Adiala jail inmates seeking treatment at private hospitals, similar to facilities granted to PTI founder Imran Khan.
A three-member FCC bench headed by Chief Justice Aminuddin Khan and comprising Justice Aamir Farooq and Justice Ali Baqar Najafi heard separate petitions challenging an Islamabad High Court (IHC) decision.
A single-member IHC bench had dismissed the inmates’ petitions on August 31, ruling that prisoners did not have a legal right to be transferred to a private hospital of their choice.
Justice Farooq questions private treatment
During Monday’s hearing, Justice Aamir Farooq questioned why the prisoners needed to be treated at private hospitals.
He asked why their treatment could not instead be provided at the Pakistan Institute of Medical Sciences (Pims) or Polyclinic in Islamabad.
Justice Ali Baqar Najafi also questioned the implementation of the jail manual, asking what purpose the rules served if they were not followed.
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The court observed that the matter involved interpretation of the law and adjourned the hearing until Tuesday.
The notices were issued to the Attorney General for Pakistan and other respondents as the court considers the inmates’ appeals against the IHC ruling.
Inmates seek facilities similar to Imran Khan
The three petitioners, Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf, approached the FCC after the IHC rejected their pleas seeking medical and communication facilities.
In their constitutional petition, the inmates invoked Article 25 of the Constitution, which guarantees equality before the law.
They argued that they were being subjected to discriminatory treatment and sought medical facilities similar to those available to Imran Khan.
The petitioners also referred to an August 18 Supreme Court order and requested permission to be transferred to Shifa International Hospital for medical treatment.
In addition to private medical treatment, the inmates sought permission to communicate with people living abroad through WhatsApp, claiming that similar communication facilities were available to the PTI founder.
The FCC will further examine the legal questions raised by the petitions when the hearing resumes on Tuesday.
