ISLAMABAD(The COW News Digital) The Federal Constitutional Court has observed that treatment of prisoners at private hospitals appears to be inconsistent with the existing jail manual, while hearing petitions seeking improved medical facilities for inmates.
A three-member bench headed by Chief Justice Aminuddin Khan heard petitions concerning the provision of medical treatment to prisoners, including requests for facilities similar to those previously granted in the case of the PTI founder.
During the proceedings, Justice Amir Farooq questioned why prisoners should be shifted to private hospitals when treatment could potentially be provided at government-run facilities such as Pakistan Institute of Medical Sciences (PIMS) or Polyclinic.
The judge referred to Rule 197 of the jail manual, observing that the provision clearly states that the government is responsible for the medical expenses of prisoners. He emphasized that there appeared to be no ambiguity in the rule and that any judicial direction should remain consistent with the applicable law.
Justice Ali Baqar Najafi also questioned the purpose of the jail manual if its provisions were not followed. He stressed that prisoners should not face discriminatory treatment and that inmates should generally be treated equally under the applicable rules.
During the hearing, a lawyer representing one of the prisoners argued that his client had been taken to hospital eight times within two months for medical treatment. The counsel maintained that the prisoner required better medical care and should therefore be shifted to a private hospital.
The lawyer further claimed that medical reports in his client’s case supported the request for treatment at a private facility.
The counsel also referred to a previous Supreme Court case involving the PTI founder while presenting arguments before the court.
Chief Justice Aminuddin Khan questioned why the lawyer had not approached the Supreme Court if the earlier judgment was directly relevant to his client’s case. He also asked why the prisoner had not been made a party to the proceedings in that matter.
In response, the lawyer argued that the current case had been filed as a constitutional petition and that an appeal arising from such proceedings could be heard by the Federal Constitutional Court.
Justice Ali Baqar Najafi reiterated that the arguments were being presented on the basis of the jail manual. He questioned whether there was any purpose in having the manual if its provisions were not followed uniformly.
The court emphasized the principle of equal treatment, with the bench questioning whether different procedures could be adopted for individual prisoners without a legal basis.
The Federal Constitutional Court subsequently issued a notice to Attorney General for Pakistan Mansoor Usman Awan seeking assistance in the matter.
The attorney general later reached the Islamabad High Court, but the Federal Constitutional Court adjourned further proceedings until Tuesday.
The case is expected to resume with assistance from the Attorney General as the court examines the legal framework governing medical treatment and hospital facilities available to prisoners.
