Daily Times

Providing medical treatment to jail inmates is responsibility of the government, Islamabad High Court (IHC) chief justice remarked on Saturday while hearing a petition of Adiala Jail prisoner for treatment.

“The state has lesser responsibility when a person is free, but when a person is imprisoned the state have maximum responsibility to extend medical treatment without any delay,” Chief Justice Athar Minallah observed.

A death-row convict, Khadim Hussain had written a letter to IHC chief justice who had converted it into a constitutional petition and sought a reply in this regard from the authorities concerned.

A representative of the Ministry of Human Rights appeared in the court. “Your representatives would be monitoring human rights issues (in jails),” chief justice said while addressing ministry’s official said. The jail administration has been asked for detailed medical checkup of the prisoners, the official replied. “It is responsibility of the state if a person is in custody of the state,” the bench remarked. “A prisoner remains totally dependent on the state.”

“If a prisoner dies do you conduct an inquiry,” the bench asked the official. “Yes, an inquiry is conducted when someone dies in prison,” the official replied. “If any inquiry commission holds the government responsible for a death,” the bench asked. “A commission didn’t hold responsible to anyone,” the official said. “Then what kind of inquiry conducted by your commission,” the court questioned. “Influential persons get facilities, while the poor even deprived of basic facilities in a prison,” the bench observed. “Laws exist, only enforcement is needed,” the court remarked. The laws grant the state authority to release an ailing prisoner and the state could commute the sentence of anyone according to rules,” Justice Athar Minallah said. “The state should work but it is not doing so,” the top judge remarked. “If a prisoner is knocking the door of the court, it means the state is negligent of its responsibility,” Justice Minallah further remarked.

The petitions from jail will now be directed towards the commission, the judge said.

The bench adjourned further hearing of the case till January 18.