ISLAMABAD: The Supreme Court (SC) on Wednesday regretted the absence of a separate allocation by the federal government for providing free dialysis services to the poor who generally depend on Zakat or Baitul Mal funds.

Consequently a three-judge Supreme Court bench, headed by Chief Justice Nasirul Mulk, called Secretary Capital Administration and Development Division (CADD) Khalid Hanif to appear in person before the court on July 29 to explain the situation.

The directions were issued while hearing a petition seeking revival of free dialysis treatment for patients suffering from acute renal failure (ARF) which the last PML-N government had introduced but currently available in Punjab only.

The petition was moved by Advocate Tariq Asad in 2009 in which the petitioner had asked for an order to the federal government to restore free treatment for ARF patients throughout the country and without any delay.

The second government of Nawaz Sharif had introduced the ‘Prime Minister’s Dialysis Programme’ in 1998 under which patients would be provided free of cost treatment by the federal government through Baitul Mal at selected centres.

Under the programme, which continued till 2000, coupons were issued to the registered patients who were treated at the designated dialysis centres available in different cities. The dialysis centres claimed re-imbursement of the cost from the budget allocated by the federal government out of the Baitul Mal funds.

After the military takeover of October 12, 1999, the scheme was substituted with the National Dialysis Treatment Scheme (NDTS) but it did not last long and was eventually closed.

On Wednesday the Supreme Court asked the Sindh health secretary to appear before the court in person after Additional Advocate General Sindh Adnan Kareem said he could not verify the data provided by the Sindh administration.

On Wednesday Pakistan Institute of Medical Sciences (Pims) administrator Dr Altaf Hussain told the court that the facility had 14 dialysis machines - 10 for ordinary patients and four for patients with hepatitis disease - but conceded that there was absence of funds for patients with acute renal failure.

He said chronic patients required two to four dialysis a week which cost from Rs7,000 to Rs9,000 per service and therefore it was very difficult for the hospital to provide free dialysis from its own funds.

Earlier the federal government had built a specialised kidney hospital in Sector H-11 opposite Police Lines but after the termination of the dialysis scheme the hospital went to Pinstech and was now catering to patients associated with the organisation only, Dr Altaf said.

Meanwhile Additional Advocate General Punjab Mudassar Khalid Abbasi told the court that the provincial government had fixed Rs600 million in the budgetary allocation of 2014-15 besides all 36 districts in the Punjab had been attached with the concerned tertiary care institution/teaching hospitals for subsequent assistance and referrals from other provinces as well.

Besides continuing the free dialysis programme, the Punjab government has also established a dedicated specialised institution called Pakistan Kidney and Liver Institute and Research Centre at Knowledge Park Lahore.

In his petition, Tariq Asad had requested the court to order the federal government to arrange funds for the treatment of acute renal failure patients from international organisations as well as utilise state resources available through Baitul Mal and Zakat funds.

The petition had also sought setting up of a commission on the orders of the Supreme Court to probe the reasons why the scheme was terminated and what were the causes of the failure of the scheme. In case misappropriation of funds, inefficiency or lack of interest of the concerned officers are discovered to be the reasons behind the failure, then an order be issued to punish the delinquents in accordance with the law.

Asad, in his petition, argued that the right to life and liberty had been guaranteed under Article 9 of the Constitution through which an assurance had been given to the citizens that no one could be deprived of life.

The right to life, he argued, had a wider meaning which had been explained in different judgments of the Supreme Court of Pakistan as well as of India.

Therefore it is the legal obligation of the government to create and provide funds to honour the fundamental rights of the citizens, the petition contended.

Published in Dawn, June 25th, 2015

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