ISLAMABAD: The Islamabad High Court (IHC) directed the Ministry of Interior to decide Parvez Elahi’s petition seeking his transfer either to his residence or hospital within 15 days.
A single bench Justice Arbab Muhammad Tahir, on Monday, announced the judgement in a petition moved by Qaisara Elahi, wife of former chief minister Punjab Chaudhary Parvez Elahi, praying that the respondents be directed to keep her husband in hospital with proper care and provide him complete treatment as advised by the doctors.
Justice Arbab wrote in his written order that the secretary Ministry of Interior shall consider the application of the petitioner and pass appropriate orders if the matter falls within his competence, otherwise, shall refer the matter to an appropriate forum within two days. He added, “The competent forum shall, after considering the application pass appropriate orders in accordance with law, keeping in view the principles and law highlighted by this Court in the cases of Khadim Hussain and Muhammad Shahbaz Sharif, supra within a period of fifteen days.”
The IHC judge further said that the Superintendent Central Prison, Rawalpindi shall facilitate the petitioner to conduct periodical medical checkups/follow-up checkups of Chaudhary Parvez Elahi from PIMS Hospital. He maintained that since the right to life of an under-trial prisoner of the age of 78 years is involved; therefore, to ensure that medical treatment is provided to Chaudhary Parvez Elahi to his satisfaction, he shall have access to his personal/family physician/doctor within the prison premises once every week.
The court also directed the authorities to provide appropriate medical attention and facilities to him during his house arrest. The judge noted that the Chaudhary Parvez Elahi is not a convicted prisoner and the right to life of an under-trial prisoner guaranteed by the Constitution supersedes the obligation of the State to try him for an alleged offence.
“This Court in the case of “Khadim Hussain v. Secretary, Ministry of Human Rights, Islamabad and others” [PLD 2020 Islamabad 268] has observed that the convicted and under trial prisoners are compelled to place reliance for their right to life and medical needs solely on the authorities holding them in custody. Such reliance gives rise to a duty of care on part of the State and its functionaries,” mentioned Justice Tahir.
In March, Elahi suffered a bone fracture due to a fall in the jail washroom. As a result, the president PTI had been admitted to the Pakistan Institute of Medical Sciences (PIMS) from Adiala Jail on multiple occasions due to deteriorating health.
Copyright Business Recorder, 2024
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