Healthcare commission can’t make own law: court

LAHORE

Justice Mansoor Ali Shah of the Lahore High Court has held that Punjab Healthcare Commission or the Board does not enjoy any power to seal any healthcare establishment or set-up any Anti-Quackery Cell that could take action on third party complaints.

Judge held that the commission could seal the healthcare establishment if it does not have a valid registration to render the healthcare service. 

Judge held that the Punjab Healthcare Commission Act did not allow the commission to make its own laws to curb the quackery, the judge observed.

The commission may explore the possibility of proposing amendments to the Act or framing necessary Rules and Regulations under the Act to achieve what it wanted. 

The commission by standing order could only impose penalties in the shape of monetary fine and there is no provision for sealing or passing an order for closing down a healthcare establishment. However, until such an exercise is completed, the Commission or the Board constituted under the act, does not enjoy any power to seal any healthcare establishment or set up any Anti-Quackery Cell that can deal with third party complaints.

Judge held that under the act, the commission was authorised to keep watch on working of the healthcare centres and not to seal those. The judge issued the order on a petition moved on behalf of the commission challenging an order of district and session judges, Toba Tek Singh, who declared null and void sealing of a health centre.

Brief facts of the case are that petitioner commission initiated proceedings against the health service provider and also sealed the establishment. 

The victim challenged the commission action before district & sessions judge who on October 16, 2015, set aside the sealing of the premises on the ground that there was no provision under the Act to seal the premises and directed the commission to decide the matter regarding notice issued to the centre.

audit: The Lahore High Court admitted for regular hearing a petition filed by opposition leader in Punjab Assembly challenging non-presentation of audit reports of district govts of the province before Public Accounts Committee.

As hearing started, the court asked the government’s lawyer to explain why the governor and chief minister were not implanting court’s directions about submission of audit reports of district governments.

The law officer stated that the petition against governor and the chief minister was not maintainable as they enjoyed immunity under Article 248 of the Constitution.

Petitioner’s counsel Sheraz Zaka stated that writ petition was maintainable against the governor and chief minister if a matter pertained to violation of constitutional obligations. He also cited a judgment of the Supreme Court.

The court admitted the petition for regular hearing and issued notices to the government for next week.