Court reforms round the corner: CJP

ISLAMABAD: The Chief Justice of Pakistan, Mian Saqib Nisar, remarked on Monday that judicial reforms would be launched from next week, but warned that “nobody should say then that (the judiciary) is interfering or encroaching”.

The chief justice made these remarks while hearing a suo moto case regarding cutting of trees on Margalla Hills. Minister of State for Capital Administration Dr Tariq Fazal Chaudhry appeared before the Supreme Court earlier in the day after being summoned by the apex court over failure of the Capital Development Authority (CDA) to develop rules and regulations.

The chief justice, during the hearing, enquired how much time the CDA would require to set the house in order. To this, Tariq Fazal Chaudhry asked that the court should allow three months time.

Justice Saqib Nisar observed that rules and regulations had not even been drawn up for several situations. He then allowed two months to the CDA and instructed the officials to work day and night with sincerity to draw up the rules.

“Who is responsible for making laws around the world?” the chief justice inquired, to which Tariq Fazal Chaudhry said law-making was parliament’s job. “What reforms did parliament introduce? We will bring reforms in the judicial system,” the chief justice remarked, adding that the reforms would begin from next week.

“But this is not our job. Nobody should say then that we are interfering or encroaching,” Justice Saqib Nisar stated. During the previous hearing of the case, the CJP had remarked that “we are not fond of judicial activism in any way. But we will take action on negligence of duty at every cost. We are aware of our powers and we will not go beyond them.” –Agencies

Sohail Khan adds: Chief Justice Mian Saqib Nisar on Monday took suo moto notice on conditions of government hospitals in Sindh and called report from concerned departments with directions to all the medical superintendents to appear in the court in person on January 13, at the Supreme Court Karachi Registry.

The chief justice directed all the concerned officials to appear along with detailed reports as to availability of equipment/emergency machinery i.e. ventilators, oxygen, incubators, OTs facility, angiography machines, CT scan, MRI ambulances, etc. Reports are desired to also explain the position as to availability of life-saving drugs and medicines that are being provided to patients free of cost and medicines which they have to purchase from the market. The chief justice also sought the details about availability of required qualified doctors and nursing staff.

Meanwhile, the chief justice also took notice of registration of private medical colleges in Sindh and called a report from concerned authorities with notice for personal appearance including CEOs and owners of private medical colleges in Karachi and has fixed the matter for hearing on January 13 at the Supreme Court Karachi Registry.

Likewise, the chief justice took the third notice pertaining to blockade of public roads for movement of VVIPs all over the country and called reports from concerned authorities. Meanwhile, the Supreme Court issued directives for impleading the Pakistan People’s Party (PPP) leader and former head of the Pakistan Medical and Dental Council (PMDC) Dr Asim Hussain as a party in a suo moto case relating to matter of private medical colleges, charging exorbitant fees from the students.

A three-member bench of the apex court headed by Chief Justice Mian Saqib Nisar was hearing a suo moto case as well as the petition filed by the PMDC against private medical colleges. The CJP, during the course of hearing asked the counsel for the PMDC Muhammad Akram Sheikh to implead Dr Asim Hussain as a party in the instant matter. The chief justice, while issuing a notice to Dr Asim Hussain, said that if he was present in the country, he should appear before the court in person.

The chief justice observed that in the current year, their focus will remain on education, health as well as reforming the judicial system. “I don’t want that any child may expire due to no-provision of adequate medical facilities in hospital,” the chief justice remarked.

Muhammad Akram Sheikh, counsel for the PMDC, while commencing his arguments, submitted that there were 28 private medical colleges in 2007 but crossed 100 during the year 2012. The chief justice noted that due to the malpractices at private medical colleges, the degrees awarded by these institutions to students had no value abroad.

On this occasion, the chief justice wondered as to what had happened with the case of M/s Axact Private Limited, adding that they don’t know about the outcome of that case. It is pertinent to mention here that M/s Axact is a Pakistani software company that runs numerous websites allegedly selling fake academic degrees.

The chief justice observed that no compromise would be made on important sectors of education and health, adding that whatever be needed they will ensure taking concrete steps for improving these sectors.

Muhammad Akram Sheikh informed the court that amendments were made in the PMDC laws to protect the interest of private medical colleges. The chief justice asked as to who was the PMDC in charge that time. The counsel replied that in 2012, Dr Asim Hussain was the in charge. The chief justice questioned where were the doctors when injustice was made with the PMDC. At this, Dr Mubashir, the PMDC consultant who was present in the courtroom, came to the rostrum and submitted that he was attacked thrice by private medical colleges.

The chief justice said, “I wish that I could be attacked also for this noble cause.” The chief justice observed that people will implement the decisions of the court in letter and spirit. "Decisions made on the basis of honesty are implemented by the people as the people of this country are wise,” CJP remarked.

Akram Sheikh submitted that so far there were no laws that could regulate the private medical colleges. He said that the custom of accepting donations and patronage from influential people in exchange for admissions of students well below the merit was common knowledge.

“The ultimate injury in this pursuit of profit is caused to patients, who have to surrender to unethical demands of private medical colleges,” Akram Sheikh submitted, adding that the medical profession as a whole, particularly inexperienced professionals, also suffer as private medical institutes prohibit junior doctors to apply their skill and knowledge on private patients, who dictate instructions after paying hefty payments for treatment.

He said that since the year 2012, a number of amendments have been made to the law governing the council, and the interests of private medical colleges are being fortified through changes in composition of the council. The final result, he said, was that the regulated private medical institutions became regulators themselves and captured the PMDC. He further said that parliament has invested power in the federal government to sanction regulations under Section 33 of the Pakistan Medical and Dental Council Ordinance, 1962.

He informed that the learned Division Bench of the Lahore High Court, through impugned judgement, has changed this legislative process and declared that in future all policies and regulations prepared by the PMDC needs approval of the Council of Common Interests (CCI) alone and not by the federal government.

Meanwhile, the court adjourned the hearing for today (Tuesday) at 11:30am. The PMDC had filed the petition in the apex court, making the Pakistan Association of Private & Dental Institutes; Federation of Pakistan, through secretary, Ministry of National Health Services, Regulations and Coordination Pakistan, University of Health Sciences, Lahore, Chairman Admission Board Medical and Dental Institutions of the Punjab University of Health Sciences, and Province of Punjab, through Secretary, Specialisation Healthcare and Medical Education Department as respondents.