• Two prisoners sought private hospital treatment, a third wanted WhatsApp calls with his brother abroad
• Court says SC’s Aug 18 order does not establish a general right for all prisoners
ISLAMABAD: The Islamabad High Court (IHC) has dismissed petitions filed by three Adiala jail prisoners seeking treatment at private hospitals, similar to the relief granted to PTI founder Imran Khan, and permission to communicate with relatives abroad through WhatsApp.
The court held that imprisonment restricts a person’s liberty in accordance with the law but does not create a right to every facility of one’s choice.
Justice Muhammad Asif issued separate written judgements after reserving the verdict on August 27 on petitions filed by prisoners Owais Altaf, Muhammad Ilyas Khan and Muhammad Ismail Hussain.
Owais Altaf and Muhammad Ilyas had sought permission to obtain treatment at private hospitals, claiming that the required medical facilities were not available within the government hospital system. Muhammad Ismail, meanwhile, sought permission to communicate with his brother, who lives abroad, through WhatsApp calls.
The petitions gained significance after the Supreme Court, on August 18, directed the authorities to shift Imran Khan to Shifa International Hospital for medical examination and treatment. The three prisoners subsequently approached the IHC, seeking similar relief.
During the hearing, the petitioners’ counsel argued that one of the prisoners was suffering from a serious bleeding disorder and had developed internal bleeding in the large intestine, which could become life-threatening. He said the prisoner had remained incarcerated for around six months and had repeatedly been taken to hospital.
In its written order, the IHC held that imprisonment entails restrictions on a person’s freedom in accordance with the law and that every technical or modern facility cannot be declared a fundamental right. A prisoner, it said, has no legal right to be transferred to a private hospital of his choice.
The court observed that the primary responsibility for providing medical treatment to prisoners rests with the state’s administrative structure and government hospitals. Rule 197 of the Pakistan Prison Rules provides a mechanism for shifting a prisoner to an outside hospital where necessary.
However, where the required treatment is not possible at a government hospital, the authorities may consider shifting a prisoner to a private medical facility on the recommendation of a medical board, the court ruled.
The IHC also considered the petitioners’ reliance on the Supreme Court’s August 18 order concerning Imran Khan. It observed that there was no doubt that Supreme Court decisions were binding on the High Courts, but noted that the August 18 directions were interim in nature and that the matter referred to by the petitioners was still pending before the Supreme Court.
The interim order, therefore, could not be treated as a final decision creating a general legal right for every prisoner to seek treatment at a private hospital of his choice, the IHC held.
The court directed the jail administration to continue providing all necessary medical facilities to the prisoners in accordance with the law.
Regarding Muhammad Ismail’s request to communicate with his brother abroad through WhatsApp, the court dismissed the petition, observing that the petitioner had failed to establish that the jail administration’s August 2 order was illegal or that his fundamental rights had been violated.
The court, however, observed that if WhatsApp, video calls or any other lawful means of communication were available to prisoners, the competent authorities could consider such requests in accordance with prison discipline, security requirements and the Pakistan Prison Rules, 1978.
Published in Dawn, September 1st, 2026
