Islamabad (HRNW) — During the hearing of a case concerning medical treatment of a prisoner at a private hospital, the court raised important questions regarding the Jail Manual, equal treatment of prisoners and the transfer of inmates to private medical facilities.
Justice Amir Farooq observed that treatment at a private hospital is contrary to the Jail Manual. He questioned why the prisoner should be taken to a private hospital and asked, “Why a private hospital? Why cannot treatment be provided at PIMS or Polyclinic?”
Justice Ali Baqar Najafi stressed that all prisoners should be treated equally. He observed that if arguments were being made on the basis of the Jail Manual, it should also be followed, adding that there should be no discrimination or separate procedures for different individuals.
During the hearing, the lawyer argued that his prisoner had been taken to hospital eight times in two months and that transferring him to a private hospital was necessary to provide better medical treatment. The counsel further maintained that hospital reports supported his client’s position.
The lawyer also referred to a Supreme Court case concerning the PTI founder. Chief Justice Amin-ud-Din Khan remarked that if that was the position, the counsel should have filed an application before the Supreme Court. He further questioned why the lawyer had not become a party to the same case.
The lawyer responded that the present matter had been filed through a constitutional petition and argued that an appeal against a constitutional petition could be heard by the Constitutional Court.
The court admitted the case for preliminary hearing and issued notices for tomorrow.
Human Rights Angle
Prisoners retain fundamental rights, including access to appropriate medical care and humane treatment. At the same time, medical arrangements should be governed by transparent and consistent rules applicable to all prisoners, without discrimination or preferential treatment.
Human Angle
Access to timely and adequate medical treatment is particularly important for people in custody, who cannot independently arrange their healthcare. A transparent system that balances medical needs with uniform prison rules is essential for protecting both prisoner welfare and public confidence in the justice system.
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Disclaimer: This report is based on remarks made during the court proceedings and arguments presented by the parties’ counsel. The matter remains pending, and the final outcome will depend on further proceedings and the court’s orders.
