Counsel raises objections to PMC Act’s enforcement

Highlights complications arising following the law's enactment

Questions were raised on the enforcement of the contentious Pakistan Medical Council (PMC) Act on Wednesday, during the hearing of a plea pertaining to the rift between the federal and Sindh government over entry tests for medical programmes.

"How can the law be enforced this year when the [PMC] bill was passed in September 2020?" objected the counsel for petitioners, comprising students, presenting his arguments before a two-member bench of the Sindh High Court (SHC), headed by Justice Muhammad Ali Mazhar.

He said that under the new law, candidates applying for admissions to medical colleges and universities were no longer required to submit domiciles, which had given rise to complications. This is why the new admission policy cannot be enforced, the counsel maintained.

He pointed out that most candidates began preparing for medical admission tests at least two years beforehand and they would struggle if a new examination policy and syllabus were introduced at short notice.

Directing the counsel to continue his argument at the next hearing, the court adjourned the hearing till today (Thursday).

Juvenile justice law

At another hearing, the SHC issued notices to the Sindh government on a plea seeking the implementation of the Juvenile Justice System Act.

According to the petitioner's counsel, the law was enacted in 2018 but could not be implemented that year. He told the court that juvenile justice committees were to be set up in Sindh within three months of the law's passing, but only one committee had been constituted in Karachi's South district to date.

The plea stated that the committees were meant to assist juvenile prisoners in case proceedings and facilitate their mental development.

The court sought the Sindh government's reply on the plea.

Extension granted

Meanwhile, the SHC granted an extension to the petitioner's counsel for submitting a written reply on a plea challenging the inclusion of assistant and deputy commissioners and other officials in the committee formed for delineating new constituencies.

The plea, filed by Muttahida Qaumi Movement-Pakistan (MQM-P) leaders, terms the committee's formation "illegal", stating that laws for constituency delimitation were framed in 2013. It further mentions that a report on constituencies whose limits had been marked had not been made public yet and moves the court to nullify the notification issued by the Election Commission of Pakistan for the committee's formation.

The court asked the petitioner's counsel whether a similar plea was filed in the Supreme Court (SC). At this, the counsel expressed ignorance and said he would produce the required information after checking with his clients.

"The MQM-P has filed a petition calling for stalling the release of census results," remarked Justice Mazhar in response.

The counsel, however, said he was unaware of it.

Irked, the court questioned how he was unaware of such important details before granting him an extension for submitting a written reply by November 24.

Published in The Express Tribune, November 5^th, 2020.