PESHAWAR: The Peshawar High Court (PHC) on Thursday issued a contempt of court notice to Pakistan Tehreek-i-Insaf Chairman Imran Khan asking him to explain his statement at a press conference allegedly criticising the issuance of some stay orders in favour of some employees of public sector hospitals.

A bench comprising Justice Waqar Ahmad Seth and Justice Mohammad Younas Taheem fixed Nov 12 for next hearing with the direction that Imran Khan should file a written reply to explain his position.

The bench also directed that the case should be fixed before Bench No 1, which is headed by Chief Justice Mazhar Alam Miankhel.

Hearing several writ petitions filed by different bodies and individuals against the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act (MTIRA), 2015, and different actions taken under it, the bench expressed annoyance over the non-appearance of the Khyber Pakhtunkhwa’s advocate general and observed that the petitioners had already completed their arguments and now only the arguments of advocate general were remaining. The bench was informed by an additional advocate general that the advocate general was ill and could not turn up.

When the bench took up for hearing the cases, Advocate Mian Muhibullah Kakakhel, who appeared for Khyber Medical College Teachers Association, pointed out that in his press conference Imran Khan had hurled threats on the staff and petitioners who were against the MTIRA and had threatened to stage ‘dharna’ against and ‘gherao’ of those ‘few unhappy doctors and management’ of the main teaching hospitals who were obstructing the implementation of health reforms agenda.

He submitted copies of different newspapers and said that while the matter was sub judice and arguments were in the final stages he tried to pressurise the petitioners as well as the court in his press conference. He added that Imran Khan had also criticised certain stay orders issued by the court.

Meanwhile, the bench stopped the provincial government and the boards of governors of four major teaching hospitals from making any changes in terms and conditions of the services of civil servants functioning in those hospitals.

Following the enactment of the MTIRA early this year the four hospitals — Lady Reading Hospital, Khyber Teaching Hospital, Hayatabad Medical Complex of Peshawar and Ayub Teaching Hospital in Abbottabad — were declared medical teaching institutions and separate BoGs were set up for them.

The bench accepted an application of Pakistan Medical Association, Khyber Pakhtunkhwa, through its president Dr Hussain Ahmad Haroon, requesting that he might be made party in the main petition of KMC Teachers Association.

PMA has already filed three other petitions wherein it has challenged different acts under the MTIRA, including the creation of surplus pool; the appointment of BoGs; advertisements for appointment of directors in the hospitals; etc.

Advocate Syed Arshad Ali appeared for the MTI (medical teaching institutions) and contended that while the said act had been challenged the petitioners could not put forward any concrete argument as to which of the provision of the Constitution of Pakistan had been violated. He added that the law was enacted for reforming the health sector which had been deteriorating with passage of time.

Published in Dawn, November 6th, 2015

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