Case Details

Citation(s)
2019 SLG 3075 2019 SLD 3075 2019 YLR 2703
Sindh High Court
Constitutional Petitions Nos. D-2940 and D-1137 of 2015, decision Dated: 06-09-2017.
SALAHUDDIN PANHWAR, JUSTICE FAHIM AHMED SIDDIQUI, JUSTICE
Petitioner(s) by: Sarfraz Abbasi along with (in C.P. No.D-1137 of 2015).
Respondent(s) by: Asif Hussain Chandio Nos. 2 and 3 (in C.P. No. D-1137 of 2015). Kamaluddin for PMCH and L.U.M.H.S along with Prof.Dr.Azam Hussain Yousfani, V.C. PUMHS Nawabshah,

MUMTAZ AHMED QURESHI

VS

PROVINCE OF SINDH THROUGH CHIEF SECRETARY, KARACHI AND 8 OTHERS

Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan--- ----Art. 199---Constitutional petition---Show-cause notice---Compliance of order---During pendency of proceedings under constitutional petition, High Court issued show-cause notices to respondent authorities--- Validity--- Authorities informed the High Court that Federal Government had launched a policy for insurance in city in question---High Court directed Provincial Government to pursue policy and to provide mechanism in whole of the province---High Court further directed the authorities to issue notice to Deputy Attorney-General and Federal Government for submission of policy and there criterion along with correspondence with Provincial Government--- Show-cause notice was recalled in circumstances. Mst. Rukhsana Mehdi v. Waryam and others PLD 2006 SC 189 ref. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, JUSTICE---.--- In compliance of order, Secretary Health is present and submits his comments along with bundle of documents as well learned A.A.G. submits comments while Mr.Kamaluddin counsel for PMUH and LUMHS submits compliance report which all are taken on record. Further District and Sessions Judge, Mirpurkhas has submitted compliance report which is taken on record too. 2. On query about earlier instructions, the Secretary Health, at the outset contends that though Sindh Health Commission has been notified yet no rules have been framed; budget is allocated and they are searching for accommodation of office; Commissioner's offices are yet to be established in each division. Notifying Sindh Health Commission and allocation of budget are positive steps not only achieving the object of such enactment but compliance of judgment of Nadir Ali case however, pleas of non-framing of rules and search for Office(s) do not seem justified. The Health Commission is itself a complete enactment hence non-framing of rules should not result in delaying good cause and object for which such enactment was made particularly when the rules always are subordinate to main enactment. To serve one does not require a particular office rather a good soul which we, always believe, exist in abundance. Therefore, it is hoped that next time the Authority shall…
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