LAHORE: The Lahore High Court (LHC) on Thursday issued a notice to the caretaker Punjab government on a petition challenging promulgation of an ordinance empowering it to remove the commissioners in the Punjab Healthcare Commission (PHC) without giving a reason.

Justice Raheel Kamran Sheikh also issued a notice to the advocate general of Punjab to render assistance in the case and submit a written reply on behalf of the government by the next hearing.

The Pakistan Medical Association (PMA), which, in terms of Section 5 of the Punjab Healthcare Commission Act, 2010 has the authority to recommend the appointment of the commissioners in the PHC, assailed the vires of the Punjab Healthcare Commission (Amendment) Ordinance, 2023.

On behalf of the association, Barrister Umar Riaz argued that the caretaker government did not have the mandate to advise for promulgation of an ordinance under Article 128 of the Constitution. He said even otherwise the necessary prerequisites of Article 128 of the Constitution were not satisfied in the case. He explained that there were no such circumstances, which rendered it necessary to take immediate action, make and promulgate the impugned ordinance. He said any advice of the government in that regard and opinion formed therein is justiciable.

The counsel argued that the impugned legislation inserted a new subsection (1a) in section 6 of the PHC Act, giving an unguided and blanket power to the government to remove any commissioner at any time before expiry of his term without assigning any reason, which was in violation of Article 25 of the Constitution. He contended that conferring such arbitrary power to remove a commissioner who enjoyed security of tenure was an endeavor to undermine independence of the PHC, avoid accountability and promote regulatory capture by the caretaker government whose healthcare facilities were amenable to regulatory supervision under the Act.

The judge will resume the next hearing on Oct 27.

Published in Dawn, October 13th, 2023