The Federal Constitutional Court in Islamabad questioned the validity and discriminatory application of the jail manual regarding prisoner transfers for medical treatment. The court heard appeals from Adiala jail inmates who sought similar treatment at private hospitals as former Prime Minister Imran Khan received. Advocates argued that Rule 197 of the Pakistan Prison Rules, which governs prisoner transfers, is clear but has been applied inconsistently. The FCC postponed further proceedings to September 15 for a legal interpretation of the rule.
Written by the local model on 2026-09-14,
using this article's own text rather than the other coverage of the
same event (that is the story summary below).
Story summary
On Monday, the Federal Constitutional Court (FCC) in Islamabad questioned the validity of a jail manual that appears to be applied discriminatorily. The court observed that the manual is "clear" regarding the transfer of prisoners to hospitals, referencing a case where former PTI leader Imran Khan was allowed to receive medical treatment at Shifa International Hospital.
Inmates from Adiala Jail filed petitions with the Islamabad High Court (IHC) last month seeking similar privileges for private hospital treatment. The IHC dismissed their claims on August 31, arguing that prisoners have no legal right to choose a specific private hospital for their healthcare and that government hospitals are responsible for prisoner care.
Unsatisfied, the inmates then approached the FCC to challenge this decision. A three-member bench headed by Chief Justice Aminuddin Khan took up these petitions on Monday. During the hearing, Justice Najafi noted there should be no discrimination since the manual is explicit about hospital transfers.
Written for “Jail Manual Controversy” on 2026-09-14,
grounded in this article and the 0 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted
verbatim and was checked against the article text before being
stored, so you can find it in the original.
Leaning score -0.35 for article 8820 (high confidence, 1 verified quote) · logged 2026-09-14
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.
asserted
it → question → 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.
asserted
court → make → Khan
The inmates had moved the Islamabad High Court (IHC) last month seeking relief after the Supreme Court (SC) on August 18 directed the authorities to transfer Imran to Shifa International Hospital for medical examination and treatment.
asserted
Court → move → examination
However, the petitions were dismissed on August 31 after IHC held that a prisoner had no legal right to be transferred to a private hospital of his choice and the primary responsibility for prisoners’ treatment rested with the state’s administrative structure and government hospitals.
asserted
responsibility → dismiss → structure
Subsequently, the inmates approached the FCC last week to challenge the IHC order.
asserted
inmates → approach → order
A three-member FCC bench headed by FCC Chief Justice Aminuddin Khan, including Justice Ali Baqar Najafi and Justice Aamer Farooq, took up the petitions on Monday.
asserted
bench → head → Monday
Advocate Akhtar Cheena appeared on behalf of one of the prisoners, Muhammad Ilyas Khan, while the other inmates — Mohammad Ismail Hussain and Owais Altaf — were represented by Advocates Irfan Nasir Cheema and Syed Jaffer Baqir, respectively.
“There should not be any discrimination when the jail manual is very clear,” observed Justice Najafi during the hearing.
asserted
Najafi → appear → hearing
“Why only private hospitals for treatment and not hospitals like the Pakistan Institute of Medical Sciences (Pims) or the Poly Clinic Hospital when Rule 197 of the Pakistan Prison Rules 1978 is very clear?” asked Justice Farooq.
asserted
Farooq → ask → Rules
Rule 197 of the Pakistan Prison Rules, 1978 governs the manner and mode of the transfer of a prisoner, the expense of which has to be borne by the state.
asserted
expense → govern → state
During Monday’s hearing, when advocate Cheena cited the SC’s Aug 18 order, CJ Khan asked why the lawyer had not chosen to become a party in the case regarding Imran’s transfer to a private facility pending before the SC, which is scheduled to be heard on Sept 16.
asserted
which → cite → Sept
The lawyer, however, responded that the present appeal was filed under Article 175E of the Constitution against the IHC order.
asserted
appeal → respond → order
Under Article 175E, the FCC has exclusive original jurisdiction in disputes between the federal and provincial governments.
asserted
FCC → have → governments
However, its powers will be limited to issuing declaratory judgments rather than enforcing decisions directly.
asserted
powers → limit → decisions
The counsel said that relief similar to that granted to Imran had become necessary after the Aug 18 order.
asserted
relief → say → order
The FCC postponed further proceedings to Sept 15 (Tuesday), observing that the case involved interpretation of the law.
asserted
case → postpone → law
One of the inmates’ appeals had contended that Rule 197 prescribed that prisoners could be shifted to a civil hospital, arguing that the distinction being drawn by the government that the term only referred to a public hospital was wrong.
uncertain
term → contend → hospital
The petition said the wording implied a distinction between a military and government hospital, adding that against the backdrop of the Aug 18 SC order, any inmate with a serious ailment could be shifted to a private hospital for treatment, paid by their family.
uncertain
inmate → say → family
The petition said the client had severe internal bleeding issues and had been brought to the public hospital for treatment eight times during the last two months.
asserted
client → say → months
“Given the condition of the public hospital system, we have no trust that my client will get appropriate medical attention at a public hospital,” the petition said.
asserted
petition → give → hospital
