Judiciary won't have to intervene if govt delivers: CJP Nisar

CJP's remarks came during the deputation case hearing


News Desk April 02, 2018
Mian Saqib Nisar: PHOTO:EXPRESS

Chief Justice of Pakistan (CJP) Mian Saqib Nisar said on Monday that the judiciary is intervening in government matters as the latter is not doing the needful.

The remarks by Justice Nisar came during the suo motu hearing of the closing down of the Bone Marrow Transplant Center (BMTC) in the federal capital.

Justice Nisar took notice of the closing down of the essential medical facility after parents of ailing children filed an application. The CJP had summoned a report on March 30 from the secretary of Ministry of Capital Administration and Development Division(CADD).

During the hearing of the case, the chief justice questioned the representative of Pakistan Institute of Medical Sciences (PIMS) hospital Dr Amjad regarding the reason for the closure of the bone marrow centre. Dr Ajmad responded that two doctors and one nurse were not made permanent employees due to which the issue arose.

Dr Amjad further informed the court that 13 letters were written to CADD but no action was taken.

Deputation case: SC takes notice of bone marrow transplant unit closure reports

Justice Ijaz-ul-Hassan then questioned how could the entire centre shut down over the issue of three staff members.

The CJP, in discussion with Additional Attorney General (AAG) Amir Rehman, remarked that the tasks of government have to be completed by the judiciary.

He further said that the Supreme Court interferes in executive matters because the government would not complete tasks, adding that if the government does their work accordingly, the judiciary would not have to intervene.

The court ordered PIMS hospital to open the bone marrow centre and directed it to make the centre functional by 4pm today (Monday). The staff would be deputed through the public service commission.

The apex court also ordered prompt payment of dues of the present staff and said that till the hiring of the new staff, the present staff would keep working. The court further ordered the restoration of the sacked employees immediately.

Deputation Issue

Justice Nisar hearing the issue of deputed officials, said till the final decision on repatriation of health officials who were merged in federal hospitals, no one will be sent back to their parent department.

There are many doctors working in different hospitals who were not repatriated despite court orders in 2016 when the officials of other departments were sent back to their institutions.

The report categorised them into five types and recommended to repatriate all health professionals to their parent departments and advised those lady doctors who come under the wedlock policy that they can’t be repatriated.

COMMENTS (1)

F Khan | 5 years ago | Reply What about if the PM say the same thing about judiciary that there are 1.8 million cases are pending and references are pending with conclusion on the judges so I need to intervene in judicial issues.CJP please look inward before you go on the judicial over reach.
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