Federal Constitutional Court Questions Special Treatment for Prisoners in Private Hospital Cases
ISLAMABAD:The Federal Constitutional Court has raised serious questions over petitions filed by three other inmates of Adiala Jail seeking facilities similar to those granted in connection with former prime minister Imran Khan’s transfer to Shifa International Hospital for medical treatment and telephone contact with his sons living abroad.
A three-member constitutional bench, headed by Chief Justice Aminuddin Khan, conducted the initial hearing and issued notices to the relevant parties as well as the Attorney General.
During the hearing, Justice Aamer Farooq expressed concerns over the transfer of prisoners to private hospitals and questioned why a private hospital should be selected for a prisoner’s treatment when government facilities such as PIMS and Polyclinic provide necessary medical services.
The prisoners’ lawyer argued that better medical care and superior facilities were the main reasons for seeking treatment at a private hospital. He also referred to a recent Supreme Court ruling in Imran Khan’s case.
Following the reference to the Supreme Court precedent, Chief Justice Aminuddin Khan raised further constitutional and legal questions regarding the matter.
Justice Ali Baqar Najafi, who had previously allowed former prime minister Nawaz Sharif to travel abroad on medical grounds, also emphasised the principle of equal treatment under prison laws.
He observed that all prisoners should be treated equally without discrimination in the eyes of the state and the law. He said the rules and regulations under the prison manual were clear and uniformly applicable, and that a sick prisoner could be transferred for treatment only to a government hospital under the existing rules.
Justice Najafi further maintained that separate procedures or exemptions could not be created for individuals or political personalities.
The Federal Constitutional Court treated the matter as one requiring formal interpretation of the law and prison manual, considering its sensitivity and constitutional implications.
The bench admitted the petitions filed by the three Adiala Jail prisoners seeking equal facilities for regular hearing and directed all named parties to submit written responses by Tuesday.
The Attorney General was also formally served a notice and directed to appear personally or assist the court in presenting the constitutional position on the matter.
