| Citation(s) |
|---|
| 2025 SLG 4747 2025 SLD 4747 = 2025 LHC 6200 = 2026 MLD 1458 |
Lahore High Court
W. P. No. 6195 / 2025
PRESENT; (ABID HUSSAIN CHATTHA) JUDGE
Date of Hearing: 21.10.2025 Petitioner(s) by: Mr. Muhammad Kamran, Advocate Mr. Muhammad Israr Ch., Advocate Mr. Amir Ajam Malik, Advocate Mr. Asif Imran Teja, Advocate
Respondent(s) by: Ms. Riffat Yasmin, Assistant Attorney General for Federation of Pakistan Malik Shah Rukh, Assistant Attorney General for Federation of Pakistan Rai Mazhar Hussain Kharal, Assistant Advocate General alongwith Muhammad Asghar Ali Rind, Senior Law Officer, Commissioner Office, Bahawalpur, Shabbir Muhammad Khan, SDEO, Bahawalpur, Shah Behram, DDF, Bahawalpur, Shahbaz Sippra, DFC, Bahawalpur and Adeel Ahmad, DFC, Bahawalnagar
W. P. No. 6195 / 2025
PRESENT; (ABID HUSSAIN CHATTHA) JUDGE
Date of Hearing: 21.10.2025 Petitioner(s) by: Mr. Muhammad Kamran, Advocate Mr. Muhammad Israr Ch., Advocate Mr. Amir Ajam Malik, Advocate Mr. Asif Imran Teja, Advocate
Respondent(s) by: Ms. Riffat Yasmin, Assistant Attorney General for Federation of Pakistan Malik Shah Rukh, Assistant Attorney General for Federation of Pakistan Rai Mazhar Hussain Kharal, Assistant Advocate General alongwith Muhammad Asghar Ali Rind, Senior Law Officer, Commissioner Office, Bahawalpur, Shabbir Muhammad Khan, SDEO, Bahawalpur, Shah Behram, DDF, Bahawalpur, Shahbaz Sippra, DFC, Bahawalpur and Adeel Ahmad, DFC, Bahawalnagar
Muhammad Jamil Zahid
VERSUS
Federation of Pakistan & 11 others
Law: Punjab Procurement Rules, 2014
Section: 40(3)
Tag Line:
- The impugned Notification dated 04.09.2025 issued by Director General (Food) fixing maximum retail price of indigenous wheat under the Punjab Price Control of Essential Commodities Act, 2024 is unconstitutional and unlawful in view of the deregulation plan approved by the Provincial Cabinet vide Policy Notification dated 22.04.2025 which guarantees that no anti-hoarding actions shall be taken against the privately held declared wheat stocks; there shall be no ban on inter-district and inter-provincial movement of wheat; and the Government of the Punjab is only competent to purchase wheat stocks, if required, through open and competitive bidding under the Punjab Procurement Rules, 2014. Therefore, coercive measures against the declared wheat stocks of the Petitioners under anti-hoarding enactments leading to confiscation of wheat stocks and its forced sale to private flour mills are without any lawful authority.
Summary of Judgment — Punjab Healthcare Commission Pricing Regulations Case
Case: Consolidated Writ Petitions including W.P. No. 65058/2023, 84729/2023, 17901–17914/2024, 26011/2024
Court: Lahore High Court
Judge: Raheel Kamran, J.
Subject: Challenge to Punjab Healthcare Commission (Pricing of Healthcare Services) Regulations, 2023
Main Legal Issue
- Petitioners (including Shaukat Khanum, private diagnostic centers, charitable hospitals) challenged the price control regulations as ultra vires:
- The Constitution of Pakistan, 1973
- The Punjab Healthcare Commission Act, 2010
They argued that:
- PHC has no authority to fix prices or cap profits
- Diagnostic centers are not the same as hospitals
- Technical Advisory Committee (TAC) was not constituted
- Draft regulations not published properly under Section 40(3)
- Trans-provincial entities cannot be regulated by Punjab
Key Statutory Provisions Discussed
| Law | Sections |
|---|---|
| Punjab Healthcare Commission Act, 2010 | Sections 2(xv), 2(xvi), 4, 5, 40(2)(m), 40(3) |
| Constitution of Pakistan | Articles 3, 9, 14, 18, 141, 142 |
Court’s Findings
✔ PHC Has Authority to Regulate Prices
- Section 40(2)(m) explicitly grants power to “regulate and control prices of healthcare servicesâ€
- Diagnostic services fall under definition of healthcare services (Section 2(xvi))
- Diagnostic centers are healthcare establishments (Section 2(xv))
- Price regulation is an ancillary matter supporting quality healthcare
📌 Result: Argument based solely on preamble rejected. The operative provisions prevail over preamble.