| Citation(s) |
|---|
| 2019 SLG 654 2019 SLD 654 2019 SCMR 556 |
Supreme Court of Pakistan
Civil Appeals Nos. 125-K to 131-K, 2306 to 2309 of 2016, Civil Miscellaneous Applications Nos. 1254-K, 8973 of 2018 and Civil Petition No. 2312-L of 2018, decision Dated: 17-01-2019. Dates of hearing: 03, 04 and 07-01-2019 (Judgment Reserved).
UMAR ATA BANDIAL, JUSTICE MAQBOOL BAQAR, JUSTICE FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Salman Talib-ud-Din, A.G. Sindh, Farooq H. Naek, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record (in C.As. Nos. 125-K to 131-K of 2016). Salah-ud-Din Ahmed, Advocate Supreme Court and Prof. S.M. Tariq, V.C. JSM
Civil Appeals Nos. 125-K to 131-K, 2306 to 2309 of 2016, Civil Miscellaneous Applications Nos. 1254-K, 8973 of 2018 and Civil Petition No. 2312-L of 2018, decision Dated: 17-01-2019. Dates of hearing: 03, 04 and 07-01-2019 (Judgment Reserved).
UMAR ATA BANDIAL, JUSTICE MAQBOOL BAQAR, JUSTICE FAISAL ARAB, JUSTICE IJAZ UL AHSAN, JUSTICE
Petitioner(s) by: Salman Talib-ud-Din, A.G. Sindh, Farooq H. Naek, Senior Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record (in C.As. Nos. 125-K to 131-K of 2016). Salah-ud-Din Ahmed, Advocate Supreme Court and Prof. S.M. Tariq, V.C. JSM
GOVERNMENT OF SINDH THROUGH SECRETARY HEALTH DEPARTMENT AND OTHERS
VS
DR. NADEEM RIZVI AND OTHERS
Law: Constitution of Pakistan, 1973
Section: 9,274,Fourth Schedule.Pt.I
Constitution of Pakistan--- ----Arts. 9, 274 & Fourth Sched., Pt. I, Entries Nos. 16 & 32---Transfer of certain hospitals and a national museum from the Federation to the Provinces in light of the Eighteenth Amendment to the Constitution---Constitutionality---Case pertaining to Sheikh Zayed Medical Complex, Lahore ("SZMC"); Jinnah Postgraduate Medical Center, Karachi ("JPMC"); National Institute of Cardiovascular Diseases, Karachi ("NICVD"); National Institute of Child Health, Karachi ("NICH"); and National Museum of Pakistan, Karachi ("NMP")---[Per Ijaz ul Ahsan, J (Majority view): Constitutive instruments including the trust deed through which "SZMC" was established clearly and unambiguously provided that the main purpose for setting up "SZMC" was for research and professional and technical training of doctors and related medical staff---In such circumstances the case of the "SZMC" was clearly covered under Entry No.16 of the Federal Legislative List---Further, the "SZMC" had been transferred by the Federal Government (to the province) without due application of mind, examining the constitutional position and without following the necessary legal procedures---Case of "JPMC", "NICVD", "NICH", and "NMP" also showed complete lack and absence of application of mind on the part of the Federal Government---Requisite legal procedures were not followed, and the real intent, import and impact of the Eighteenth Constitutional Amendment was ignored and misinterpreted---Furthermore Entry No.37 of the Federal Legislative List permitted the Federal Government to undertake projects in any of the Federating Units for its purposes---Power of the Federation to set up, run and operate projects including hospitals and related research facilities where enforcement of Fundamental rights was involved was an obligation of the Federal Government under the Constitution---In the present case, enforcement of right to life was involved which was one of the most fundamental of the Fundamental rights---To curtail or circumscribe the power of the Federal Government to enforce Fundamental rights guaranteed by the Constitution would be anathema for the concept of Federalism]---[Per…
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