Federal Constitutional Court on Monday issued notices to the Attorney General for Pakistan and other parties after three Adiala jail inmates filed appeals seeking the same private hospital treatment granted to jailed PTI founder Imran Khan.
A three-member bench led by Chief Justice Aminuddin Khan, along with Justice Aamir Farooq and Justice Ali Baqar Najafi, heard the petitions. The inmates, Muhammad Ilyas Khan, Mohammad Ismail Hussain and Owais Altaf, had approached the court after the Islamabad High Court dismissed their requests on August 31. The high court had ruled that a prisoner has no legal right to choose a private hospital for treatment.
During the hearing, Justice Farooq questioned why the prisoners needed private hospital care and asked why treatment could not be arranged at Polyclinic or the Pakistan Institute of Medical Sciences. Justice Najafi raised concerns about the jail manual, asking what purpose it serves if its rules are not followed.
The court noted that the case involves important questions of law and adjourned the matter until Tuesday.
In their petitions, the three inmates cited Article 25 of the Constitution, which guarantees equality before the law. They argued they were facing discriminatory treatment and requested medical facilities equal to those given to Imran Khan. They specifically asked to be shifted to Shifa International Hospital, the same facility the Supreme Court had ordered for the former prime minister on August 18.
Authorities had instead moved Imran Khan to Pims under heavy security, citing safety concerns, just before the 48-hour deadline expired. The petitioners also sought permission to use WhatsApp for communication with people abroad, matching the facilities available to the PTI founder.
Imran Khan, 73, has remained in Adiala jail in Rawalpindi since August 2023. He and his party claim the cases against him are politically motivated after his removal from office in 2022. The Federal Constitutional Court will continue examining whether other inmates can claim similar medical and communication rights under the law.
