A two-judge bench of the apex court, comprising Acting Chief Justice Mian Saqib Nisar and Justice Ejaz Afzal Khan, resumed on Friday the hearing of suo motu case regarding the alleged misappropriation of medicines as well as graft in the supply of oxygen and nitrogen gas to the Federal Government Services Hospital, popularly known as Polyclinic.
The bench in its order observed that the right to life is overarched by the right of freedom of trade which in no case is unfettered, unrestricted and unqualified if considered in terms of Article 18 of the Constitution.
“What is the state of laboratories in public sector hospitals? Why are they out-of-order? And if they are in order, why do their results not conform with those of reputed private sector laboratories,” says the order.
The court also observed that doctors, like other professionals, have a right to become wealthy, but not at the cost of ailing humanity.
During the hearing, senior Standing Counsel Nayyab Gardezi submitted a report about the equipment installed in Islamabad’s hospitals with details of how many are functional order and how many are inoperable.
The bench observed that the picture painted in the report appears to be rosy, but the ground realities are to the contrary. Some of the facts and figures appear to be fudged, they added.
The court noted that the total number of ventilators available at Polyclinic is listed as 22, out of which 6 are non-functional.
“This figure also appears to be exaggerated. Refilling of nitrous oxide cylinder 16,200 litres is had at the rate of Rs22,000 per cylinder in Polyclinic, but no authentic figure has been provided from private hospitals”, says the order.
The bench has directed the standing counsel to collect information from Medics, Quaid-e-Azam Hospital, and Shifa International Hospital for comparison.
“A surgeons at Shifa International Hospital stated that the refilling of nitrous oxide cylinders is done at a rate of 3,000 per cylinder,” says the order, while noting that documented evidence for this would be required.
During the hearing, Dr Arshad Rana and Dr Sartaj undertook to provide authentic data from hospitals and pharmacies on why medicines with proven efficacy are eliminated to make way for prescription of more expensive and less effective medicines.
Dr Shaista Habibullah, representing the National Institute of Rehabilitation Medicine (NIRM), stated that the equipment in the hospitals can meet the needs of patients requiring long-term management and that destitute patients are provided free treatment. In The order, the bench appreciates these points but also asks why half of the equipment is out-of-order.
The advocates-general of all four provinces have also been directed to provide details of the machinery and other equipment in DHQ hospitals and their operational states by August 18.
Published in The Express Tribune, August 13th, 2016.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ