PESHAWAR: The Peshawar High Court on Thursday decided it would constitute a larger bench for hearing petitions of different bodies and individuals against the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act (MTIRA) 2015 and actions taken under it by the ruling PTI as part of health reforms in the province.

A bench consisting of Chief Justice Mazhar Alam Miankhel and Justice Mohammad Younas Taheem also asked PTI chief Imran Khan yet again to submit written explanation on the alleged threat to doctors, who have moved the court against that law.

It separated the contempt of court case of Imran Khan from the main petitions and fixed Dec 2 for next hearing into it.

However, the other petitions will be heard by a larger bench on Nov 23.

Interestingly, a larger bench will also hear petitions of former provincial minister and government officials against the Khyber Pakhtunkhwa Ehtesab Commission Act 2014 the same day.

Court again asks Imran to submit explanation on ‘threat’ to doctors

On Nov 5, a high court bench headed by Justice Waqar Ahmad Seth had issued contempt of court notice to Imran Khan asking him to submit a written reply and explain his position for passing statements about the cases pending before the court.

When the bench on Thursday began hearing into the cases, provincial advocate general Abdul Lateef Yousafzai said PTI chief Imran Khan had contacted him to seek time from the court for submitting written reply in the case.

When the bench asked whether he could represent the head of a political party in a contempt of court case, the AG said he didn’t represent Imran Khan in the court and instead, he had just conveyed his request to the court.

He added that Imran Khan would be represented by his lawyer in the court on the next hearing.

The AG said important matters had been challenged through these petitions including constitutional points and it would be appropriate to refer these petitions to a larger bench.

Mian Muhibullah Kakakhel, Khalid Mehmood and other lawyers for the petitioners did not oppose the contention of the AG.

Following the enactment of the Medical Teaching Institutions Reforms Act 2015 early this year, the province’s four major public sector hospitals, including Lady Reading Hospital Peshawar, Khyber Teaching Hospital Peshawar, Hayatabad Medical Complex Peshawar and Ayub Teaching Hospital Abbottabad, were declared medical teaching institutions and separate BoGs were set up for them.

Also, staff members including professors and other doctors of these hospitals, who are civil servants, were asked either to opt to serve in those hospitals or be sent to surplus pool.

Previously, these staff members had the option either to serve in the hospital or remain civil servants.

These petitions are filed by Khyber Medical College Teachers Association, Pakistan Medical Association, Khyber Pakhtunkhwa Chapter, and others. They have mostly challenged the MTIRA and subsequent steps taken under it including the establishment of the BoGs and establishment of surplus pool. The PMA has also challenged the appointment of Dr Nausherwan Burki, as chairman of the LRH’s BoG.

The medical teaching institutions have opposed the petitions saying while the law in question has been challenged, petitioners can’t give any concrete argument on which the provision of the Constitution has been violated.

They added that the law was enforced to reform health sector, whose state of affairs had gone down over the years.

Published in Dawn, November 13th, 2015