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IHC dismisses prisoners’ pleas for private treatment, citing no legal right

Animated editorial illustration for: IHC dismisses prisoners’ pleas for private treatment, citing no legal right
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At a glance

  • IHC dismisses petitions from three Adiala Jail inmates.
  • Inmates sought private medical treatment and international calls.
  • Court ruled prisoners have no legal right to a private hospital of choice.

Story so far

The Islamabad High Court has rejected petitions from three prisoners at Adiala Jail who were seeking medical treatment at a private hospital and permission for international calls. The inmates, Owais Altaf, Muhammad Ilyas Khan, and Muhammad Ismail Hussain, filed their pleas after similar relief was granted to the founder of PTI. The court had reserved its verdict after hearing arguments from both sides.

Latest development

The Islamabad High Court has issued its written judgment, stating that prisoners do not have a fundamental right to choose their place of treatment. The court ruled that a transfer to a private hospital is not a legal entitlement and can only be considered by authorities if government facilities are inadequate.

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In a detailed written order, the court held that while imprisonment restricts liberty, it does not create a right to every facility of choice. Justice Muhammad Asif noted that a prisoner has no legal right to be transferred to a private hospital of their choice, and that 'every technical facility cannot be declared a fundamental right'. The judgment clarified that the primary responsibility for treatment lies with government hospitals, and a transfer to a private facility can only be considered by authorities if treatment is not possible within the public system. The petitions were filed by inmates Owais Altaf, Muhammad Ilyas Khan, and Muhammad Ismail Hussain.

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