Go home if unable to run govt, says CJP

LAHORE: The Chief Justice of Pakistan, Saqib Nisar on Saturday took suo motu notice of heavy salaries being paid to the officials of the 56 public sector companies and directed Punjab government to submit detailed replies. “You have given everything to the private sector,” Chief Justice Nisar said about the public sector companies at the Supreme Court Lahore registry.

At the outset of the proceedings, Punjab Chief Secretary Zahid Saeed, responding to a court query, said the provincial government established 56 companies. The reply irked the top judge who remarked that they would not let the public money be wasted. The chief justice said, “Do not lease the country like East India Company,” and remarked they should quit and go home, if they could not run the government and serve the people.

The CJP also took notice of the disparity in salaries of doctors working at government-owned health facilities, saying those called from abroad are paid a hefty sum while the local ones are given a small amount. The chief justice said the doctors at a state-of-the-art facility of the government, such as Pakistan Kidney and Liver Transplant Institute (PKLI), get a salary of Rs1.2 million while on the other hand, the ones working at the government hospitals get Rs0.2 million.

The chief justice remarked that the PKLI is an institute which hires foreign doctors. But what is the fault of doctors performing duties earnestly at the government hospitals, he asked. He added the chief secretary himself gets around Rs0.2 million, but those appointed by him are getting a higher pay. Under what law is such a disparity in salaries decided, the chief justice asked, saying it is this disparity that forces doctors of government hospitals to run private clinics on the side. He demanded the government hospital doctors be also paid a high salary so they do not have to practise illegally and fulfil their duties at the government hospitals with honesty. He directed the chief secretary to come up with a detailed report on salaries, perks and privileges being paid to the officials of public sector companies. Later, the court adjourned further hearing till April 1.

Separately, the Supreme Court ordered NAB and FIA to probe into the recognition granted to private medical colleges during the tenure of Dr Asim Hussain as president of Pakistan Medical and Dental Council and submit a report in a month. A two-member bench led by Chief Justice Nisar at the Supreme Court Lahore Registry also ordered the private colleges to refund the fee in excess of Rs 850,000 to students within a month and said the institutions failing to do so would face investigation. Justice Ijaz-ul-Ahsan was other member of the bench. The probe was ordered when Dr Asim requested the bench to exempt the University of Health Sciences (UHS) and the PMDC from refunding the excess fee.

The court also ordered the colleges to accommodate some students, who deserved admission on merit but could not get admission to any public or private sector colleges. As the proceedings began, a representative of Pakistan Red Crescent Medical College submitted that all fee, received in excess of Rs 850,000, has been refunded to students in compliance with the court orders. He also requested the court to order de-sealing of the college record. At this, the chief justice observed that he would also order all private medical colleges, except for Aga Khan Medical College, to refund the additional fee. Barrister Ali Zafar complained to the chief justice that the FIA had started inquiries against all private colleges taking undue advantage of the court’s action against the college in Phoolnagar.

The CJP directed the FIA to de-seal the college record, besides restraining the agency from raiding any private medical college without permission from the Supreme Court registrar. To a query, an FIA representative said they had prepared a copy of the Pak Red Crescent College record in compliance with the court orders and the same is being investigated.

The amicus curie UHS Acting VC Prof Dr Faisal Masood and Health Secretary Najam Shah submitted a report for accommodation of students who fulfilled the merit but could not get admission in any public or private medical colleges. Those students could be accommodated in private medical colleges of Punjab by increasing five seats in each of these, he suggested. At this, the bench ordered the colleges to accommodate the students within one week’s time. It may be mentioned that the chief justice had ordered to seal the Pak Red Crescent College record and refund the fee after a visit to the college two weeks ago.

Earlier, Barrister Syed Ali Zafar appeared on behalf of the Pakistan Association of Private Medical Institutions (PAMI) and stated that Terms of References (ToRs) for the audit of the colleges has not been finalised as a chartered accountant firm selected by the court refused to carry out the process. The AF Ferguson, chartered accountancy firm, was also presented before the court wherein the company expressed its inability to become part of the exercise owing to conflict of interest.

Chief Justice Nisar wondered on the firm’s response and observed that if there is any conflict of interest, it should have been stated on the previous hearing when a representative of the firm had expressed willingness to perform the audit. The chief justice sought personal appearance of a senior official from the accountancy firm on next hearing.

Recalling a previous direction in the case of Pak-Red Crescent Medical and Dental College in Phoolnagar, the chief justice directed all the private medical and dental colleges of the country, except Aga Khan University, Karachi, University of Health Sciences and PMDC, to refund within one month the fee collected from students in excess of Rs 850,000 excluding charges of hostel and transportation.

Dr Asim also submitted his written recommendations before the court for improvement in the medical education sector. He was giving his view on the fee refund when Chief Justice Nisar told him there had been complaints regarding affiliation granted to private colleges during his tenure as president of the PMDC. “If I start recovery myself, you will also have to pay Rs4 billion,” the chief justice reminded the former president of the PMDC, who is also a PPP leader. “We heard that butchers are also running medical institutions,” the chief justice regretted and said the vacuum is self-created as public institutions have been spoiled deliberately to flourish the private sector.

Meanwhile, the chief justice visited Gulab Devi Chest Hospital, a charitable health facility in Lahore, and took notice of nonavailability of medicines for the patients. The patients and their attendants lodged their complaints before the chief justice about inadequate facilities. The chief justice directed the hospital’s administration to address the grievances of the patients and announced to visit the hospital again.On the other hand, Chief Justice Nisar declined to permit powdered and infant formula milk manufacturers to sell their products without mentioning clearly on the packaging that “it is a formula diet and not natural milk”.The bench led by chief Justice and comprising Justice Ijaz-ul-Ahsan granted six months time for imported products and four months to local products for implementation of the orders. It also ordered analysis of NIDO milk powder ingredients.

As the proceedings began, Barrister Aitzaz Ahsan, on behalf of the Powder Milk Manufacturers Association, submitted some drafts for replacing the existing packaging of formula milk products besides referring to international practices in this regard. However, the chief justice observed it is mandatory to mention on the packaging that it is not natural milk, adding, “We are of the candid view that present packaging is deceptive.” The court also expressed satisfaction and held that no further action was required after it was apprised that the word ‘milk’ had been removed from a Nestle product.

Chief Justice Nisar also told Aitzaz that the Rs 10,000 fine imposed on him for failing to appear in the formula milk case has been paid for by his [chief justice’s] son. Earlier this month, the Supreme Court had imposed the fine on the PPP leader for not appearing in the case. According to reports, Aitzaz had said the court order damaged his reputation as he had never been fined even a single rupee during his entire career and urged the court to withdraw the fine.

Justice Nisar remarked that since Ahsan was reluctant to pay the fine, his son had donated it as ‘sadqah’. “We donated it for a noble cause,” he said. “My son said I will pay Aitzaz uncle’s fine,” the Justice Nisar told Ahsan as he ordered court staff to hand over the fine receipt.