High court seeks comments over plea of SHCC CEO for dissolution of its Board of Commissioners

The Sindh High Court (SHC) has issued notices to the health secretary, the Sindh Health Care Commission (SHCC) Board of Commissioners chairperson and others on a petition seeking the dissolution of the Board of Commissioners as it allegedly comprised unqualified people.

Petitioner Minhaj Ahmed Qidwai, who is also the chief executive officer (CEO) of the SHCC, questioned the appointment of the commissioners and Board of Commissioners chairperson and submitting that they were disqualified for the posts and liable to be removed from the board of the province health care commission.

He submitted that the new board of commissioners was comprised of disqualified commissioners under the Section 7 of the SHCC law. He informed the SHC that since their nominations, some of the members of the Board of Commissioners had expressed their desire for a direct administrative role which made mockery of the SHCC Act, 2013, and the regulations.

Qidwai submitted that the chairperson of the board had made the role of the CEO redundant through illegal appointment of the corporate `secretary, no provision of which was provided under the law.

The petitioner submitted that the affairs of the commission after the COVID-19 pandemic had become serious as a COVID-19 emergency committee was illegally formed to oversee the affairs of the SHCC whereas the committee formation under the SHCC law was the prerogative of the CEO and the respondent chairperson of the board had exceeded her power and made direct intrusion in the administrative affairs of the commission.

The SHCC CEO alleged that the board of commissioners had committed several illegalities and irregularities against the spirit of the SHCC law.

The high court was requested to declare that the chairperson of SHCC Board of Commissioners acted beyond her power and committed irregularities by the misuse of power in violation of the law and terms of conditions. Qidwai also asked the SHC to dissolve the board and order a detailed inquiry over the affairs of Board of Commissioners and appointments of qualified commissioners as provided under the SHCC Act.

A division bench of the SHC headed by Justice Mohammad Ali Mazhar after the preliminary hearing of the petition issued notices to the Sindh health secretary, the SHCC Board of Commissioners chairperson, commissioners and others and called their comments on May 8.

Appeals dismissed

The Sindh High Court has dismissed the appeals of four convicts against life imprisonment sentences in a kidnapping for ransom case.

Mohammad Saeed, Amir Bux, Najamuddin and Mohammad Shahid alias Bahadur were sentenced to life imprisonment for kidnapping four boys -- Kamran, Adil, Amir and Farooq -- on July 5, 2007, from the Sachal area.

According to the prosecution, they culprits kidnapped the boys and demanded Rs20 million in ransom from their families. Later, a deal was finalised at Rs1 million for the release of three abductees. Kamran, Amir and Farooq, were released after the payment of the ransom amount, while Adil was released after the payment of Rs200,000.

The appellants' counsel submitted that they were falsely implicated in the case as there were glaring contradictions in the prosecution case, which could not be relied upon to prove the guilt of the appellants.

He submitted that the appellants were booked as they filed litigation against police and they were forced to withdraw the same.

The deputy prosecutor general supported the prosecution case and submitted that the prosecution proved its case as the appellants were identified by the abductees during the identification parade.

A division bench headed by Justice Mohammad Karim Khan Agha, after hearing the arguments of the counsel and perusal of the evidence, observed that the prosecution proved its case against the appellants beyond any reasonable doubt.

The court dismissed their appeals and upheld the life imprisonment sentences awarded to them by the trial court.