Inmates seek treatment at private hospitals

IHC issues notices to respondents; adjourns hearing till August 27 Three inmates of Adiala jail have approached the Islamabad High Court (IHC) seeking permission for treatment at private hospitals and facilities to communicate with their families following the Supreme Court's recent order regarding medical treatment of PTI founder at a private hospital. Justice Muhammad Asif heard petitions filed by prisoners Ilyas Khan, Ismail Khan and Owais Altaf. The court issued notices to the Adiala jail authorities and sought para-wise comments from the superintendent jail in all three cases. The court will resume hearing of the case on August 27. During the proceedings, Barrister Akhtar Chhina, counsel for one of the petitioners, submitted that his client was suffering from haemophilia and internal bleeding and had been taken to the hospital around 10 times during the past two months without significant improvement. He contended that the required treatment was currently available in Pakistan only at Shifa International Hospital. The counsel referred to a Supreme Court judgment and argued that where treatment for a particular illness is not available at a government hospital, a prisoner can be shifted to a private hospital. He said the judgment had also clarified that medical expenses could be borne by the prisoner's family. The counsel requested the court to constitute a medical board to assess the prisoner's condition and determine the appropriate treatment facility. He questioned whether a prisoner could be denied treatment at a private hospital if a required procedure, including liver transplant, was not available at a government hospital. Advocate Syed Jafar, appearing through video link for petitioner Owais Altaf, submitted that his client was suffering from fever and a heart illness. He argued that access to appropriate medical treatment was a fundamental right of a prisoner and requested that Altaf be shifted to Shifa International Hospital as treatment was allegedly not available at a government facility. Counsel for the third petitioner submitted that Ismail had been imprisoned at Adiala Jail for nine years. He said the petitioner had a brother living in Dubai but had not been in contact with him for years. The counsel requested the court to direct the jail authorities to facilitate a WhatsApp call between the prisoner and his brother. After hearing the arguments, the court issued notices to the jail authorities in all three cases and sought their responses. The Supreme Court on August 18 ordered that incarcerated former prime minister Imran Khan be shifted 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. The court held that the state and, consequently, the courts had a constitutional and legal obligation to safeguard the life, health, dignity and security of persons in custody. "A prisoner does not, by reason of his incarceration, cease to be entitled to humane treatment and necessary medical care," the order stated. The court directed the concerned government officer, in consultation and coordination with the management of Shifa International Hospital, to constitute a medical board comprising a physician, general surgeon, specialist in internal medicine, eye specialist and cardiologist.