KARACHI: Chief Justice of Pakistan Justice Saqib Nisar Saturday said that the court has changed the policy of pardon on an unconditional apology in the contempt of court proceedings, adding that those who committed contempt of the court will be punished as it has become a practice that the persons offered apology after slapping.
Hearing suo moto proceedings against shifting of former provincial information minister Sharjeel Inam Memon and death row convict Shahrukh Jatoi from prison to hospital, a three-member bench of the Supreme Court, headed by Chief Justice Mian Saqib Nisar, inquired from the IG Prisons as to how the former information minister was hospitalised without orders of the accountability court.
The court also asked the IG prison to explain why the death row convict Shahrukh Jatoi was not kept in the death row. The court directed the IG Prisons to submit details of the prisoners hospitalized along with their nature of conviction within two days.
IG Prisons Nusrat Mungan submitted that Shahrukh Jatoi was shifted to Jinnah Postgraduate Medical Centre for cardiac evaluation on the advise of medical officer Dr. Shahid Rasool and submitted convict's medical report. The court took notice over non-appearance of medical officer Dr. Shahid Rasool and observed that why the convict was not sent to prison. The court directed the IG prisons to submit explanation as why the directive of the court was not complied with and medical officer of JPMC was not produced. The IG Prisons tendered unconditional apology and left himself at mercy of the court. He submitted that Shahrukh Jatoi was shifted back to prison from the hospital.
The court directed the IG prison to shift back the former information minister Sharjeel Memon to prison from hospital within one hour and submit report. IG prison later submitted report that Sharjeel Memon has been shifted to central prison Karachi.
Hospital conditions: The Chief Justice observed that no improvement has been seen in hospitals and directed the secretary health to ensure that no centralization of budget takes place and the budgets are given to each government hospitals.
Secretary health Dr. Fazalullah Pechuho submitted that there is no centralized budget in the health department and the budget is being allocated to every government hospital. The Jinnah Post Graduate Medical Center’s executive director Dr. Seemin Jamali pointed out that the hospital is facing shortage of staff due to JPMC's pending litigation in Supreme Court over the devolution issue. The Chief Justice observed that appeals with regard to devolution of JPMC and other federal government run hospitals would be decided in the SC on priority basis.
The bench observed that the affidavit of the JPMC director will be taken on record and if any inaccuracy is found action will be taken against the responsible officer for making false statement before the court. The court directed the secretary health to provide all up to date medical facilities to the hospitals including incinerators. Later, Chief Justice also visited the JPMC along with other SC judges Justice Faisal Arab and Justice Sajjad Ali Shah and inspected the condition of the hospital.
Meanwhile, hearing another suo moto case the chief justice observed that uniformity in the education system in the country was his dream which perhaps may not come true but he is fighter and he will continue to fight for uniform education system in the country.
The court observed that right to education is the fundamental right of the children which have to be ensured by the government. The court deplored that over 4,000 schools in Sindh have no water. The bench observed that people responsible for implementation of these laws could not understand the importance of uniform education as their children are not studying in the country. The Chief Justice observed that uniformity in the education system is his dream which perhaps may not come true in his life but he will fight for the uniform education system.
The SC also restrained the education department from dislocating a makeshift school for street children, at a footpath near the Abdullah Shah Ghazi shrine and directed the secretary education to submit a plan for alternate place along with all facilities to the school within two weeks. The NGO representative Syeda Anfas Ali, who is running the makeshift school for around 2,000 street children, submitted that the Sindh government has asked it to either hand over the school with children to the Sindh Education Foundation or shut it down. Secretary education Dr. Iqbal Durrani submitted that the NGO was asked to shift the school to a suitable place so better facilities could be provided to them. He submitted that the Sindh government has formed a committee to shift the students to government-run schools established at the shrines of Abdullah Shah Ghazi in Karachi and Lal Shahbaz Qalandar in Sehwan and another one near Manchar Lake in Dadu. He said the committee comprised representatives of information department, social welfare, auqaf and education departments. The court directed the secretary education to visit the makeshift school and ensure provision of all facilities missing in the school. The court directed the secretary education not to dislocate the makeshift school, rather provide an alternate school with all such facilities and submit such plan before the court on the next date of hearing. The chief justice also asked the petitioner's counsel to file petition regarding uniform education system and compulsory education for all children.
Hearing identical petitions filed against non-supply of water and environmental pollution in the city harbour and coastal areas poisoned due to release of industrial waste, the SC’s three member bench directed the chief secretary to appoint Syed Asif Haider Shah as secretary public health. The court was informed by the petitioner's counsel that the judicial commission constituted by the court has issued directions for completion of water and sewerage projects in the province.
In a case regarding inconvenience to the passengers in the baggage handling at the airports, the court directed Civil Aviation Authority to submit detail report with regard to steps being taken to provide facilities to the passengers within three weeks. The court observed that passengers rights should not be affected and steps should be taken to provide facilities to the passengers.
The court also allowed two dairy product companies Day Fresh and Nur Pur to re sell their products but directed the commission to randomly test their samples for the next three months. The court directed Day Fresh company to run an advertisement campaign for three consecutive days informing the public that their products manufactured before January 4 2018 are unsafe and should not be consumed. The direction came after commission report that submitted that samples of these milk brands were found fit for consumption.
