Overstepping boundaries: PHC issues arrest warrant for K-P’s chief secretary, health secretary
Khyber Teaching Hospital MS allegedly replaced in violation of court’s orders.
Peshawar High Court. PHOTO: PPI/FILE
PESHAWAR:
The Peshawar High Court (PHC) issued an arrest warrant for Khyber-Pakhtunkhwa (K-P) Chief Secretary (CS) and Secretary Health Department for replacing the Medical Superintendent (MS) of Khyber Teaching Hospital (KTH) despite the previous one serving on orders of the court.
Counsel for former MS Zafar Afridi, Abdul Latif Afridi told the division bench of Justice Waqar Ahmad Seth and Justice Muhammad Daud Khan on Thursday that the PHC has issued a stay order on transferring his client from the institute. The counsel for the petitioner said despite this clear order of the court, Zafar had been replaced as MS by Dr Fawad Khan.
Latif added that this was in clear violation of the order, and alleged the accused had acted in contempt of court. The court was also informed that relevant officials had been notified many times to produce a record, but they failed to comply.
The bench then issued the arrest warrants of K-P CS and Secretary Health for violating the court’s order by replacing the KTH MS.
In a separate case, a division bench of Chief Justice Mazhar Alam Miankhel and Justice Ikramullah Khan sought assistance from the K-P Advocate General (AG) for his legal perspective on all suo motu notices taken by PHC, the proceedings of which were restrained by the Supreme Court.
The bench was hearing an application submitted to suspend charges against the accused in a case of procurement of substandard interferon injections. Ghulam Mohiuddin Malik, counsel for former director general health department Dr Sharif Ahmad Khan, informed the court that former PHC CJ Dost Muhammad Khan had taken suo motu notice of the case last year. Malik said that since the Supreme Court has restrained all high courts in the country from proceeding further with suo motu cases, the PHC is also requested to suspend all charges against the accused.
The court then asked K-P AG Abdul Latif Yousafzai to assist the court with the legal aspect of suo motu notices taken in the past.
On February 6, PHC took suo motu notice of the substandard interferon injections being supplied to government-run hospitals to cure Hepatitis C. K-P Anti-Corruption Establishment Director Syed Fayyaz Ali Shah submitted a preliminary inquiry report on March 13, revealing that they suspected the deaths of six patients due to use of the injections. On April 3, the ACE arrested three persons, including Dr Sharif Khan, project director Ghulam Subhani and shopkeeper Mubarak Shah.
Published in The Express Tribune, April 11th, 2014.
The Peshawar High Court (PHC) issued an arrest warrant for Khyber-Pakhtunkhwa (K-P) Chief Secretary (CS) and Secretary Health Department for replacing the Medical Superintendent (MS) of Khyber Teaching Hospital (KTH) despite the previous one serving on orders of the court.
Counsel for former MS Zafar Afridi, Abdul Latif Afridi told the division bench of Justice Waqar Ahmad Seth and Justice Muhammad Daud Khan on Thursday that the PHC has issued a stay order on transferring his client from the institute. The counsel for the petitioner said despite this clear order of the court, Zafar had been replaced as MS by Dr Fawad Khan.
Latif added that this was in clear violation of the order, and alleged the accused had acted in contempt of court. The court was also informed that relevant officials had been notified many times to produce a record, but they failed to comply.
The bench then issued the arrest warrants of K-P CS and Secretary Health for violating the court’s order by replacing the KTH MS.
In a separate case, a division bench of Chief Justice Mazhar Alam Miankhel and Justice Ikramullah Khan sought assistance from the K-P Advocate General (AG) for his legal perspective on all suo motu notices taken by PHC, the proceedings of which were restrained by the Supreme Court.
The bench was hearing an application submitted to suspend charges against the accused in a case of procurement of substandard interferon injections. Ghulam Mohiuddin Malik, counsel for former director general health department Dr Sharif Ahmad Khan, informed the court that former PHC CJ Dost Muhammad Khan had taken suo motu notice of the case last year. Malik said that since the Supreme Court has restrained all high courts in the country from proceeding further with suo motu cases, the PHC is also requested to suspend all charges against the accused.
The court then asked K-P AG Abdul Latif Yousafzai to assist the court with the legal aspect of suo motu notices taken in the past.
On February 6, PHC took suo motu notice of the substandard interferon injections being supplied to government-run hospitals to cure Hepatitis C. K-P Anti-Corruption Establishment Director Syed Fayyaz Ali Shah submitted a preliminary inquiry report on March 13, revealing that they suspected the deaths of six patients due to use of the injections. On April 3, the ACE arrested three persons, including Dr Sharif Khan, project director Ghulam Subhani and shopkeeper Mubarak Shah.
The former CJ has taken a number of suo motu notices, including of illegal SIMs, delay in the construction of the Northern Bypass outside Peshawar, encroachment in graveyards, cattle and poultry supply to Afghanistan besides many others.
Published in The Express Tribune, April 11th, 2014.