Law: Constitution of Pakistan 1973

Section: 199, 10A, 14

Law: Unani, Ayurvedic and Homoeopathic Practitioners Act, 1965

Section: 13(2), 48

Law: Unani, Ayurvedic and Homoeopathic System of Medicine Rules, 1980

Section: 14(2)

Summary

Dr. Pervez Akhtar Qureshi, President of the National Council for Homeopathy, challenged a show cause notice and a notification dated 30.06.2011 by which the Ministry of Health disqualified him from membership of the Council under Section 13(2) of the Unani, Ayurvedic and Homeopathic Practitioners Act, 1965, removed him from the office of President, and held him responsible for corruption and misuse of public funds relating to the purchase of the Council's building.

During the pendency of the writ petition, Dr. Pervez died and his legal heirs were substituted. The respondents argued that the petition had become infructuous because he could no longer be restored to office. The High Court held that although restoration to office had become impossible, the right to dignity, reputation, and fair trial survives to legal heirs where the facts justify such protection.

On merits, the Court found that the impugned notification had been issued without conducting a proper inquiry. The allegations of corruption were based on disputed questions of fact, yet no formal investigation, recording of evidence, or objective assessment was undertaken. The Court further observed that decisions regarding purchase of the Council building were collective decisions of the Council, involving Government nominees, and could not lawfully be attributed to the President alone. The subsequent exoneration by FIA and closure of proceedings by the Human Rights Cell of the Supreme Court further weakened the allegations.