Islamabad: The Islamabad High Court is likely to announce this week its reserved verdict on petitions seeking permission for three ordinary prisoners to receive treatment at private hospitals and to communicate with their families by telephone, including family members living abroad.
Justice Muhammad Asif had questioned the restrictions on prisoners' access to medical treatment and communication with their families, observing that authorities could not compromise on a prisoner's health and asking where the law prohibited a prisoner from speaking to family members living abroad.
Advocate Generals of Islamabad and Punjab, Naveed Hayat Malik and Barrister Zafarullah, opposed the petitions seeking treatment for the three prisoners at private hospitals.
The Punjab Advocate General presented medical reports before the court and argued that the authorities were following the existing prison manual, while changes to the law were now being considered in Punjab.
Justice Muhammad Asif questioned the authorities about cases where a prisoner required treatment from a doctor brought from Karachi or where a prisoner was critically ill and nearing death. He also asked whether legal provisions would still be considered if a death-row prisoner expressed a final wish.
The Advocate General of Punjab said the authorities would follow the law, adding that telephone communication was provided to family members residing in Pakistan under the existing rules. He said cases involving illnesses that could not be treated at government hospitals would be considered accordingly.
The Advocate General of Islamabad maintained that the government did not oppose treatment of prisoners and acknowledged that prisoners also have rights. He referred to constitutional guarantees under Articles 9, 14 and 25 and said prison rules provide a complete mechanism for treating sick prisoners under Chapter 32.
He said medical officers examine prisoners and submit recommendations, adding that there was no report from the medical officer or Adiala Jail superintendent stating that treatment of the prisoners was not possible at PIMS.
Justice Muhammad Asif, however, commented on the condition of PIMS and suggested that officials from Islamabad and Punjab should visit the hospital.
An unusual situation also arose during the hearing when a uniformed official entered the courtroom. The judge asked him which case he had come for. The official said he was an affected party in a prisoner's case and wanted to become a party through a miscellaneous application. The court allowed him to sit.
After completion of arguments by the petitioners' lawyers and the Advocates General of Islamabad and Punjab, the Islamabad High Court reserved its decision.