FCC says jail manual 'clear' on transfer of prisoners to hospital

Islamabad's Federal Constitutional Court (FCC) on Monday deliberated on the validity of the jail manual, specifically in relation to transferring prisoners to private hospitals for treatment. The court ruled that the manual was "clear" on this matter, dismissing concerns of discriminatory application. The FCC's three-judge panel, led by Chief Justice Aminuddin Khan, heard arguments from inmates at Adiala jail who sought treatment at private hospitals, similar to the case of PTI founder Imran Khan.

The Supreme Court had directed the authorities to transfer Imran to Shifa International Hospital for medical examination and treatment on August 18, but the Islamabad High Court dismissed the appeal on August 31, stating that prisoners have no legal right to be transferred to a private hospital of their choice. The inmates argued that the jail manual, specifically Rule 197 of the Pakistan Prison Rules 1978, was explicit about the transfer process, which is the state's responsibility.

During the hearing, Justice Ali Baqar Najafi and Justice Aamer Farooq questioned why private hospitals were singled out, while other hospitals like Pakistan Institute of Medical Sciences (Pims) or Poly Clinic Hospital were not considered. The FCC, under the Constitution's Article 175E, can issue declaratory judgments on disputes between federal and provincial governments, but not enforce decisions directly.

The FCC adjourned further proceedings to September 15, noting the case's focus on legal interpretation. One inmate's appeal highlighted the need for relief, as the public hospital system had failed to provide adequate treatment for their severe internal bleeding, with the client undergoing eight hospitalizations in the past two months.