| Citation(s) |
|---|
| 2019 SLG 2576 2019 SLD 2576 2019 PLJ 508 |
Supreme Court of Pakistan
Civil Appeals No. 125-K to 131-K and 2306 to 2309 of 2016 and Civil Misc. Applications No. 1254-K and 8973 of 2018 and Civil Petition 2312-L of 2018, decision Dated: 16.01.2019. Dates of hearing: 03, 04 and 07.01.2019.
MIAN SAQIB NISAR, HCJ UMAR ATA BANDIAL, JUSTICE MAQBOOL BAQAR, FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Mr. Salman Talib-ud-Din, A. G. Sindh, Mr. Farooq H. Naek, Sr. ASC and Raja Abdul Ghafoor, AOR (in CAs. Nos. 125-K to 131-K/2016) Mr. Raza Rabbani, ASC. and Mr. Salim Saleem Ansari, ASC (for NICV in CA. No. 2307/2016)
Respondent(s) by:
Civil Appeals No. 125-K to 131-K and 2306 to 2309 of 2016 and Civil Misc. Applications No. 1254-K and 8973 of 2018 and Civil Petition 2312-L of 2018, decision Dated: 16.01.2019. Dates of hearing: 03, 04 and 07.01.2019.
MIAN SAQIB NISAR, HCJ UMAR ATA BANDIAL, JUSTICE MAQBOOL BAQAR, FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Mr. Salman Talib-ud-Din, A. G. Sindh, Mr. Farooq H. Naek, Sr. ASC and Raja Abdul Ghafoor, AOR (in CAs. Nos. 125-K to 131-K/2016) Mr. Raza Rabbani, ASC. and Mr. Salim Saleem Ansari, ASC (for NICV in CA. No. 2307/2016)
Respondent(s) by:
GOVERNMENT OF SINDH THROUGH SECRETARY HEALTH DEPARTMENT AND OTHERS
VS
DR. NADEEM RIZVI AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 142(c),212(3),273
Constitution of Pakistan, 1973-- ----Art. 212(3)--Sheikh Zaid Medical complex has been transferred by Federal Government without due application of mind on part of Federal Government--Balance of power between Provinces and Federation--Eighteenth constitutional amendment was ignored and misinterpret--Power of Federation to set-up, run and operate projects including hospitals, and related research facilities where enforcement of fundamental rights is involved is an obligation of Federal Government under constitution--Territorial Jurisdiction of a province--Provincial laws and regulation control--Enforcement of right to life is involved which is one of most fundamental of fundamental rights--To curtail or circumscribe power of Federal Government to enforce Fundamental Rights guaranteed by Constitution would be anathema for concept of Federalism--We however reiterate that in doing so in territorial jurisdiction of a Province, projects and institutions of Federal Government shall be subject to Provincial Laws and regulatory control--Consequently, neither legislative nor executive authority of Provinces in relation to subject of hospitals is encroached upon-- i. Transfer/devolution of SZMC, JPMC, NICVD, NICH, and NMP is declared to be unconstitutional, without lawful authority and of no legal effect; ii. All acts done or orders, directions, notifications and directives issued or made pursuant to purported transfer / devolution or to give effect to same in any manner whatsoever, which are inconsistent with or in derogation of tenor of this order to extent of inconsistency are declared to be without lawful authority and of no legal effect; iii. Within 90 days of this , Federal and Provincial Governments and all related Departments shall take all necessary steps relating to return of aforenoted Institutions from Provinces to Federation--Position of these Institutions shall as far as possible be restored to position as on date when they were transferred to Provinces--It is, however, clarified that restoration and return as aforesaid shall include resumption of employees by Federation in relation to Institutions and all serving or retired officers, employees or servants…
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