PMDC employees' reinstatement: IHC issues contempt of court notice to MNHSRC

The Islamabad High Court (IHC) on Wednesday issued contempt of court notice to the Ministry of National Health Services, Regulations and Coordination (MNHSRC) for not restoring services of the Pakistan Medical and Dental Council (PMDC)'s employees despite court order.

A single member bench of the IHC comprising Justice Mohsin Akhtar Kayani, while hearing contempt of court petition moved by former employees of the PMDC, issued contempt of court notice to the MNHSRC and directed it and the other parties to appear before the court in person, during the next hearing to be held on March 25th.

Justice Kayani said that the employees of the PMDC would be restored to their job as per the judgment issued by the IHC. The PMDC has been restored and the ministry should file intra-court appeal, the judge said.

He said that the way the health ministry had written the notification was pathetic as it was even worse than a patwari. "I am giving you time to withdraw the notice," the judge said, while addressing the MNHSRC's additional secretary.

On October 19, 2019, President Dr Arif Alvi promulgated an ordinance which left the PMDC dissolved and paved the way for the establishment of the Pakistan Medical Commission (PMC).

Later, the IHC declared the presidential ordinance null and void, and the PMC lost its status. The judge said that the minister or the secretary who "acted like Sultan Rahi [a famous Punjabi movie actor", and locked the PMDC building, committed a big mistake.

At the start of the hearing, the IHC Justice, Mohsin Akhtar Kayani, inquired that on whose direction the PMDC office had been sealed. He directed the Islamabad deputy commissioner (DC) and the area magistrate to appear before it within half an hour.

The Additional Secretary MNHSRC appeared before the court. The defence counsel told the court that the MNHSRC had confiscated all record of the PMDC and sealed the building.

The judge said that the district administration did not seal the building and the relevant ministry itself sealed it. The judge said that if the government takes such kinds of measures then people will pelt it with stones.

"If the government did not want this institution then abolish it through parliament," he said. The judge said that the MNHSRC was playing with fire and they had no idea what they were doing. "If the employees of the PMDC sealed the ministry's building by tomorrow then what image will go to the world regarding Pakistan," he said.

The judge further said that you had to pay salaries to these people either today or tomorrow. "You have sealed the institution, which regulates doctors," he said, adding that the country would be destroyed, if the government started treating every institution like this.

"Is there is no one to make the government realize?" the judge asked. The judge asked the additional secretary that how many people were in Ministry of Health.

He replied that 550 people were working in the Ministry of Health. "You abolish lawyers' body in such a way then see what happens," the judge said.

He said, "Will you relieve people from their jobs through presidential ordinance like this on a daily basis. Should I ask these people to break the locks and enter the building, the judge said.

He said that the parliament should make law in this regard, then it can these people home. The judge told the additional secretary to ask the secretary health to use his wisdom and do not follow any other instructions.

Meanwhile, the government filed intra-court appeal against the IHC order that on Tuesday declared a presidential order about the dissolution of PMDC "null and void".

The government adopted the stance that the impugned judgment of February 11 passed by the learned judge in chambers exercising powers under Article 199 of the Constitution of Pakistan, 1973 is without jurisdiction, excess of jurisdiction and hence calls for interference.

It says that the judgment suffers from inherent jurisdictional defects and is against the basic constitutional principle of separation of powers and hits the basic structure of constitution.

The learned judge in chamber, while attributing malafide to the president in exercise of his legislative power under the Constitution, has travelled beyond the jurisdiction vested in the court, hence the impugned judgment is "illegal and unlawful".

The appeal says that judgment setting at naught the competently promulgated presidential ordinance, on the basis of flawed and unconstitutional reasoning calls for interference.

The judgment is in violation of the principles of interpretation of statute expounded by the apex court of the country and doctrine of ultra vires, hence not sustainable.

It says that Pakistan Medical Commission Ordinance, 2019, is not altogether a distinct and different from the Pakistan Medical and Dental Council Ordinance, 2019, reliance of the learned judge in chamber upon dictum of the Supreme Court in the case of PMDC vs. Fahad Malik (2018 SCMR 1956) for declaring the PMC Ordinance ultra vires, the Constitution is totally inapt, unlawful and illegal.

It says that the government is well within its constitutional limits in restructuring and revamping an authority plagued with corruption, inefficiency and lack of professionalism.

In the light of the above mentioned, it is most respectfully prayed that the impugned judgement may kindly be set aside in the best interest of justice.