Supreme Court. PHOTO: EXPRESS/FILE
ISLAMABAD:
The apex court has instructed the federal health secretary to notify an “impartial” board for the medical check-up of former petroleum minister Dr Asim Hussain, who is in Rangers custody over charges of terror financing.
A two-judge bench of the apex court, headed by Justice Sarmad Jalal Osmany, issued the order while hearing the petition filed by the ex-minister’s wife, Dr Zareen Hussain.
The judges also gave permission to three personal physicians of the ex-minister to meet him within 24 hours. Dr Asim had requested a meeting with Dr Nida Hussain, Dr Zahid Jamal and Prof Dr Abdul Samad.
Dr Zareen has gone to the Supreme Court against the Sindh High Court’s order, which allowed Rangers to discharge Dr Asim from a hospital in Karachi where he was admitted following a mild heart attack.
The applicant’s counsel, Abid Zuberi, alleged the Rangers had taken away his client from the government hospital without the doctors’ discharge order.
He argued that the high court permitted the law enforcers to take his custody on the satisfaction of their own doctors.
Zuberi also objected to Deputy Attorney General Sajjid Illyas Bhatti’s suggestion that Dr Asim be brought to the Armed Forces Institute of Cardiology, which is the best hospital for heart-related diseases.
He contended that the ex-minister’s check-up should be conducted at any institute in Islamabad or Punjab but not a military hospital.
Zuberi even objected to the presence of any army doctors in the proposed medical team.
After hearing the arguments, the court ordered the formation of the medical board and sought its report within two weeks. The hearing was adjourned till October 28.
On August 27, Dr Zareen had filed a plea with the SHC, requesting the court to order Dr Asim’s shifting to a hospital for medical supervision. The next day, Rangers officials asked her to bring doctors from Ziauddin Hospital to see her husband as he was unwell.
The doctors recommended constant monitoring at a hospital for Dr Asim due to his deteriorating health. He was later admitted to the National Institute for Cardiovascular Diseases (NICVD).
On September 23, the SHC allowed Rangers to retake the ex-minister’s custody after they declared his health condition was satisfactory.
The petitioner contends the high court’s order violates not only well-established hospital practices but also Article 9 of the Constitution. She alleged that Rangers arbitrarily removed her husband from the hospital under the garb of the court order and without the consent of doctors.
According to general policies of hospitals, a person admitted to a hospital cannot be removed without prior approval of the relevant doctors. Dr Zareen claimed the high court disregarded the right to life of the detainee, who was removed without an objective assessment by independent doctors.
The petition states that despite undertakings and promises, Rangers failed to comply with the high court’s order regarding the treatment of Dr Asim.
The applicant has requested the apex court to direct Rangers to shift her husband under the care and supervision of NICVD until the medical review board convened by the hospital is satisfied.
Published in The Express Tribune, October 9th, 2015.
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