FCC says jail manual 'clear' on transfer of prisoners to hospital
ISLAMABAD: The Federal Constitutional Court (FCC) on Monday questioned the validity of the jail manual if it was to be applied discriminatorily, adding that it was “clear” on the transfer of prisoners to hospital. The court made the observations while hearing pleas filed by inmates at Adiala jail seeking treatment at private hospitals, similar to the relief granted to PTI founder Imran Khan. The…
The Federal Constitutional Court (FCC) questioned the validity of the jail manual on Monday, stating it should not be applied discriminatorily when it comes to transferring prisoners to hospitals. The court emphasized that it is "clear" on this matter. The inmates at Adiala jail had petitioned for treatment at private hospitals, following a similar grant of relief to PTI founder Imran Khan.
The inmates had initially sought relief in the Islamabad High Court (IHC) after the Supreme Court directed Imran's transfer to Shifa International Hospital for medical examination and treatment. However, their petitions were dismissed on August 31, as the IHC ruled that prisoners have no legal right to be transferred to a private hospital of their choice and the primary responsibility for prisoners' treatment rested with state administrative structure and government hospitals.
The inmates then approached the FCC to challenge the IHC order. A three-member FCC bench heard the petitions on Monday, with Justice Ali Baqar Najafi and Justice Aamer Farooq expressing concerns about discrimination in the application of the jail manual. Rule 197 of the Pakistan Prison Rules, 1978, governs the manner and mode of prisoner transfer, with the state responsible for the expense.
The FCC is limited to issuing declaratory judgments under Article 175E of the Constitution, rather than enforcing decisions directly.
Written by urgent.news from Dawn - Pakistan's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
