| Citation(s) |
|---|
| 2017 SLG 2784 2017 SLD 2784 2017 PLD 448 |
Sindh High Court
Cons. P. No. D-1137 of 2015, decision Dated: 21-12-2015.hearing Dated: 29-10-2015.
SALAHUDDIN PANHWAR, JUSTICE SYED SAEEDUDDIN NASIR, JUSTICE
Petitioner(s) by: Shamsuddin Abbasi
Respondent(s) by: Asif Hussain Chandio, Mushtaque Ahmed Kourejo, Standing Counsel for D.A.G. Abdul Hamid Bhurgri, Addl. A.G, along with Dr. Saeed Ahmed Mangnejo, Secretary, Health Department, Governmmet of Sindh, Ghula
Cons. P. No. D-1137 of 2015, decision Dated: 21-12-2015.hearing Dated: 29-10-2015.
SALAHUDDIN PANHWAR, JUSTICE SYED SAEEDUDDIN NASIR, JUSTICE
Petitioner(s) by: Shamsuddin Abbasi
Respondent(s) by: Asif Hussain Chandio, Mushtaque Ahmed Kourejo, Standing Counsel for D.A.G. Abdul Hamid Bhurgri, Addl. A.G, along with Dr. Saeed Ahmed Mangnejo, Secretary, Health Department, Governmmet of Sindh, Ghula
NADIR ALIVSMEDICAL SUPERINTENDNET, CIVIL HOSPITAL, LARKANA AND 9 OTHERS
Law: Sindh Healthcare Commission Act, (VII of 2014)
Section: 28(4),30
Law: Constitution of Pakistan, 1973
Section: 9
(a) Sindh Healthcare Commission Act (VII of 2014)-------Ss. 30 & 28(4)---Constitution of Pakistan, Art.9---Health care services for the public---Fundamental right---Term 'life'---Scope---State was bound to ensure proper health care service to every citizen---Health care service would fall within the meaning of 'life'---Question of status of person should not be of significance in a petition qualifying the term 'probono publico' which would always be sustainable---Constitutional courts was guardian of 'fundamental rights'---State had failed to provide 'health care services' to its citizens---Constitutional petition was disposed of in the specified terms.PLD 1994 SC 693; Corruption in Hajj Arrangement in 2010 (PLD 2011 SC 963); Iqbal Haider v. Capital Development Authority PLD 2006 SC 394 and Muhammad Shariq v. Federation of Pakistan PLD 2015 Isl. 180 rel.(b) Constitution of Pakistan-------Art. 9---Term 'life'---Scope---Term 'life' would include all such amenities and facilities which a person born was entitled to enjoy.THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- By short order, with consent of the parties, instant petition was disposed of in the following terms:- (i) Government of Sindh shall issue notification with regard to establishment of 'Sindh Healthcare Commission' within active spirit of Sindh Healthcare Commission Act, 2013 within one month. (ii) After issuance of notification, Commission shall constitute bodies on division level and frame policy within two months for the improvement, access, equity, and quality of healthcare service so also to ban quackery in all its forms. (iii) Till formation of Commission and its implementation in its letter and spirit, District and Sessions Judge (s) of all districts shall constitute a Committee, under their command, consisting of Deputy Commissioner, Medical Superintendent or Civil Surgeon, as the case may be, and two other members, for managing and controlling the affairs of all hospitals of public sector in their respective districts. In case there is any violation, in any manner, such Committee would be competent to take action or to recommend necessary action to competent…