PHOTO: FILE
As proceedings commenced, Justice Jawad Hassan reprimanded Punjab Specialized Healthcare and Medical Education Secretary Momin Agha for the delay in addressing the doctor’s concerns.
The petitioner, Advocate Azhar Siddique, filed a petition against the doctors’ strike. He contended that they had gone on strike against the promulgation of the Pakistan Medical Commission Ordinance, 2019.
The secretary health told the court that the government had already formed a committee, on November 5, to hear their reservations and objections. He said proposed amendments of doctors and other health professionals, including nurses and paramedics, on the Medical Teaching Institutes Ordinance 2019 were also heard. The latter ordinance was promulgated on September 2, 2019. Till date, as per Section 1(3) of the ordinance, no teaching institution had yet been notified and neither were any rules and regulations formulated.
He pointed out that the draft of the Punjab Medical Teaching Institutes (reforms) Act 2019 has been submitted before the provincial assembly for legislation. Therefore, the strikes of nurses, paramedics and allied service providers were uncalled for and premature. The petitioner added that instead of challenging the ordinance, the medical professionals chose to go on strike.
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“There is a need for comprehensive debate and all stakeholders should be taken on board,” Justice Jawad remarked. Secretary Momin Agha told the court that a series of talks were held with doctors’ representatives, but they were demanding the withdrawal of the entire ordinance. Justice Jawad said the government’s committee had five members and there was a need to include an additional five from the other side to maintain balance. He directed the members of the committee to hold consultative workshops on the matter and take all stakeholders on board.
During proceedings, all parties agreed that authorities would take input from relevant stakeholders in consultative meetings and incorporate appropriate changes, if any, in the draft act. It was also agreed that doctors, nurses and paramedics would not observe further strikes. Health Secretary Momin Agha was appointed as convener of the committee.
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Another consensus was reached to hold a two-day consultative workshop on November 22 and 23, 2019 on the draft act by notifying all members of the committee. All stakeholders would be heard in the workshop and then convener would finalize the draft act and submit it, along with a detailed report, before the court. It was decided that no adverse action would be taken against doctors, nurses, paramedics and allied service providers. At the same time, those who were issued show-cause notices by the authorities concerned would file replies. However, authorities would be free to take stern action against any person who will continue to be on strike after 12:00pm on Wednesday as it violated the constitution, laws and judgment of the superior court. Justice Jawad fixed December 2 for further proceedings.
Justice Jawad Hassan observed that professionals cannot go on strike while on duty when they are being regulated by their own bodies, authorities, councils or commission and by the code of ethics of the Pakistan Medical & Dental Council (PMDC). He said under Article 5(2) of the Constitution of the Islamic Republic of Pakistan 1973, they are bound to obey the command of the constitution and law.
The counsel for YDA, nurses, paramedics and allied providers said if their reservations are heard on the draft act, they would call off strike at 12:00pm and go back to their duties to earn a livelihood and serve humanity. He argued that a consultation process with stakeholders was necessary.
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