PHC stops NAB from inspecting private medical colleges

PESHAWAR: The Peshawar High Court (PHC) on Tuesday stopped the National Accountability Bureau (NAB) Khyber Pakhtunkhwa from inspecting private medical colleges in the province and sought reply from the head of the anti-graft body before the next hearing.

A two-member bench comprising Justice Mazhar Alam Miankhel and Justice Muhammad Daud Khan issued the restraining order in a writ petition filed against the NAB Khyber Pakhtunkhwa letters to private medical colleges about inspections.

The writ petition was filed by Professor Dr Fayaz Qureshi, an owner of Abbottabad International Medical College. He sought restraining order of the court against the NAB notice to the college administration about inspection of the college.  The petitioner’s lawyer, Abdur Rauf Rohaila submitted before the bench that Pakistan Medical and Dental Council (PM&DC) has the authority to conduct inspections of medical colleges and not the NAB.

The lawyer argued that the PHC on July 4, 2015 had already declared the NAB’s inspection of varsities illegal. The court had stated that only the PM&DC had the authority to conduct such inspections. He submitted that the court had issued the decision in the writ petitions of International Medical College and Women Medical College in Abbottabad, and Jinnah Medical College and Al-Razi Medical College in Peshawar against the NAB KP.

The counsel submitted that the NAB had challenged the high court decision in the Supreme Court and the apex court also on October 7, 2015 maintained the high court decision, declaring that the NAB has no jurisdiction to carry out inspections of private medical colleges.

Despite the superior courts decisions, he said the NAB KP on May 17 issued a notice to the colleges, including the petitioner for inspecting the colleges. He submitted that the NAB this notice was against the law and decisions of the superior courts. He told the court that under the National Accountability Bureau Ordinance 1999, NAB can only demand information on an issue but cannot inspect anything.  The PMDC lawyer also submitted before the bench that only the PMDC is authorized to inspect the medical colleges.