DND Report
The Islamabad High Court (IHC) on Monday rejected petitions filed by three prisoners seeking treatment at a private hospital, similar to the medical facilities provided to former Prime Minister Imran Khan by the courts.
The petitions were filed by Adiala Jail inmates Ilyas Khan, Muhammad Ismail Khan, and Owais Altaf. They had approached the court on August 24 after the Supreme Court issued an order concerning similar medical facilities provided to Imran Khan.
The prisoners’ lawyer told the court that treatment for their disease was available in Pakistan only at Shifa International Hospital. Referring to the Supreme Court’s ruling, he argued that a prisoner could be shifted to a private hospital if the required treatment was not available at a government hospital. He also said that the Supreme Court had allowed family members to bear the cost of treatment. The lawyer requested the formation of a medical board in accordance with the Supreme Court’s ruling.
It may be mentioned that the Supreme Court of Pakistan’s August 18 order concerning the medical examination and treatment of convicted former Prime Minister Imran Khan Niazi at a private hospital has set a precedent for other prisoners to seek similar medical treatment by citing the Supreme Court’s decision.
According to available information, several other prisoners at Adiala Jail have approached the Islamabad High Court seeking medical treatment through medical boards and at private hospitals, similar to the relief granted to the former prime minister. These prisoners have sought relief by citing the Supreme Court’s August 18 decision concerning the PTI founder.
In their petitions, the prisoners argued that everyone is equal in the eyes of the law and, therefore, the same principle should apply to the medical treatment of other sick prisoners as was applied in the case of the former prime minister.
They pleaded that the Supreme Court’s August 18 decision allowing the former prime minister to undergo medical examination and treatment at one of Islamabad’s leading private hospitals should also be extended to them. They maintained that the same principle should apply to the treatment of other sick prisoners incarcerated in Adiala Jail, Rawalpindi.
The IHC’s decision not to allow the same medical facilities to the three Adiala Jail prisoners that were provided to Imran Khan raises several questions. Most importantly, does this decision suggest that there are two Pakistans—one for Imran Niazi and another for ordinary prisoners?
The question is not merely about medical treatment; it also concerns the principle of equality before the law. If a court permits a convicted prisoner to receive treatment at a private hospital under certain circumstances, the same legal principle should arguably be available to other prisoners who meet similar medical and legal criteria.
