Islamabad High Court dismisses Adiala prisoners' petitions for private treatment and overseas contact

Court dismisses prisoner petitions for private medical treatment and overseas communication

The Islamabad High Court (IHC) on Monday dismissed petitions filed by three Adiala Jail prisoners seeking permission to receive medical treatment at private hospitals and to communicate with relatives abroad, according to reports from Dawn and The Nation.

Justice Muhammad Asif issued separate written judgments after reserving the verdict on August 27, as reported by Dawn. The petitions were filed by prisoners Owais Altaf, Muhammad Ilyas Khan and Muhammad Ismail Hussain, according to Dawn, while The Nation names the petitioners as Ilyas Khan, Muhammad Ismail Khan and Owais Altaf.

The cases drew attention after the Supreme Court on August 18 directed authorities to transfer PTI founder Imran Khan to Shifa International Hospital for medical examination and treatment. The three prisoners subsequently approached the high court seeking similar relief, Dawn reported.

Altaf and Ilyas had sought treatment at private hospitals, claiming that the required medical facilities were not available within the government hospital system, while Hussain sought permission to communicate with his brother living abroad through WhatsApp, according to Dawn.

Court's reasoning

In its written order, the IHC held that imprisonment meant restrictions on freedom according to law, and that "every technical facility cannot be declared a fundamental right," as quoted by Dawn. The court said a prisoner has no legal right to be transferred to a private hospital of his choice.

The court observed that the primary responsibility for prisoners' treatment rested with the state's administrative structure and government hospitals, Dawn reported. It noted that Rule 197 of the Pakistan Prison Rules provides a mechanism for moving a prisoner to a hospital outside the facility where necessary.

The court ruled that if treatment is not possible at a government hospital, authorities can consider transferring a prisoner to a private facility on a medical board's recommendation, according to Dawn.

Addressing the precedent cited by the petitioners, the IHC observed that Supreme Court decisions are binding, but the August 18 order was interim and the matter remained pending, Dawn reported. The court dismissed Hussain's request to communicate with his brother abroad, noting he failed to establish that an August 2 order was illegal.

The Nation's report detailed additional findings. The court held that the Office Order dated July 11, 2026, could not be declared wholly illegal merely because a request for treatment at a private hospital had been rejected. It said the petitioners failed to establish that the competent medical authority had categorically recommended admission to a particular private hospital or that the required treatment could not be provided under facilities available within the framework of Rule 197 of the Pakistan Prison Rules, 1978.

The Nation also reported that the court held that apprehension about possible deterioration in health, although deserving due consideration, could not by itself provide sufficient legal grounds for ordering a transfer to a private hospital in disregard of the prescribed procedure. The court also declined requests for immediate transfer to a private hospital of the prisoner's choice or for constitution of a medical board from specified private hospitals.

Boundaries of the ruling

Both reports noted that the dismissal did not absolve authorities of their duty to provide medical care. The Nation reported that the court made clear that dismissal of the petition did not authorise prison authorities to withhold, delay or deny any medically necessary treatment. The judgment stated that respondents shall remain bound by the Constitution, the Prisons Act, 1894 and the Pakistan Prison Rules, 1978.

The court directed that if a prisoner's condition required specialised treatment that could not conveniently be provided within the prison, the competent authorities must process the referral in accordance with Rule 197, The Nation reported. In an emergency, the powers available to the prison superintendent under the rule must be exercised in accordance with law and without avoidable administrative delay.

Dawn additionally reported that the court dismissed writ petition No. 4106, stating that the petitioner had failed to establish grounds for the relief sought. The court said the dismissal would not prejudice the prisoner's right to treatment in accordance with the advice of competent medical authorities, and that the petitioner could approach the high court again if a situation requiring specialised treatment arose, according to The Nation.

During the hearing, the petitioners' counsel argued that one prisoner was suffering from a serious bleeding disorder and had developed internal bleeding in the large intestine, which could become life-threatening, Dawn reported. The lawyer said the prisoner had remained incarcerated for around six months and had repeatedly been taken to the hospital.

Punjab Advocate General Zafarullah maintained that authorities would act according to law and prison rules, while Advocate General Islamabad Naveed Hayat Malik also appeared for the respondents, according to Dawn and The Nation. Islamabad's jail authorities also appeared before the court, Dawn reported.