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NADIR ALI versus MEDICAL SUPERINTENDNET, CIVIL HOSPITAL, LARKANA

ections Sections 30 and 28 (4) on Article 9 public Health care services for the public amental Fundamental Rights - Term life - Scope - State ensures proper health care services to every citizen Is bound to make - health care service will collapse. In the sense of 'life', the question of the status of a person should not matter in the application of the merits of the term 'Probuno Pablo', which will always make the Constitutional Courts lasting 'The state failed to provide health care to its citizens. Care Services' - The constitutional petition was dealt with in specific terms [pp 449, 454, 455, 456] A, C, D, E, F, G&H

P L D 2017 Sindh 448 

Before Salahuddin Panhwar and Syed Saeeduddin Nasir, JJ

NADIR ALI—Petitioner

versus

MEDICAL SUPERINTENDNET, CIVIL HOSPITAL, LARKANA and 9 others—Respondents

Constitutional Petition No.D-1137 of 2015, decided on 21st December, 2015.

(a) Sindh Healthcare Commission Act (VII of 2014)—

—Ss. 30 & 28(4)—Constitution of Pakistan, Art.9—Health care services for the public—Fundamental right—Term ‘life’—Scope—State was bound to ensure proper health care service to every citizen—Health care service would fall within the meaning of ‘life’—Question of status of person should not be of significance in a petition qualifying the term ‘probono publico’ which would always be sustainable-- Constitutional courts was guardian of ‘fundamental rights’—State had failed to provide ‘health care services’ to its citizens—Constitutional petition was disposed of in the specified terms. [pp. 449, 454, 455, 456 ] A, C, D, E, F, G & H

PLD 1994 SC 693; Corruption in Hajj Arrangement in 2010 (PLD 2011 SC 963); Iqbal Haider v. Capital Development Authority PLD 2006 SC 394 and Muhammad Shariq v. Federation of Pakistan PLD 2015 Isl. 180 rel.

(b) Constitution of Pakistan—

—Art. 9—Term ‘life’—Scope—Term ‘life’ would include all such amenities and facilities which a person born was entitled to enjoy, [p. 454] B

Shamsuddin Abbasi for Petitioner.

Asif Hussain Chandio for Respondents Nos.2 and 3.

Mushtaque Ahmed Kourejo, Standing Counsel for D.A.G.

Abdul Hamid Bhurgri, Addl. A.G, along with Dr. Saeed Ahmed Mangnejo, Secretary, Health Department, Governmmet of Sindh, Ghulam Akbar Leghari, Commissioner, Larkana, Dr. Ghulam Asghar Channa, Vice-Chancellor and Dr. Amanullah Jokhio, Pro-Vice Chancellor, SMBBMU, Larkana, Prof. Dr. Sher Muhammad Shaikh, Principal, CMC, Larkana, Capt.(R.) M. Anwar-ul-Haque,, Deputy

Commissioner, Kamber-Shahdadkot, Muhammad Saleem, Chairman, Sindh Public Service Commission, Hyderabad, Nazar Mohammad Bozdar, Director, Anti-Corruption Establishment Sindh, Dr. Siraj Ahmed Abbasi, Director, LINAR Hospital, Larkana, Dr. Ghulam Murtaza Soomro, Director, Health Services, Sindh, Dr. Muzaffar Ali Chandio, Addl. M.S, Dr. Saeed Ahmed Memon, DMS, Shaikh Zaiyed Women Hospital, Larkana, Dr.Anil Kumar, Dr. Hazoor Bux Tunio, Medical Superintendent, G.M.M.C, Sukkur, Dr. Aijaz Ahmed, A.M.S, CMC, Larkana, Capt. Dr. Munir Ahmed, Medical Superintendent, CMCH, Larkana, Dr. Mehboob Ali Shah, D.H.O, Kamber-Shahdadkot, Zakir Hussain Samo, Deputy Director, Anti-Corruption, Larkana, Shahid Hussain Shahani, Circle Officer, Anti-Corruption, Shikarpur and Dr. Khalil Ahmed Katpar, A.M.S, CMCH, Larkana.

Date of hearing: 29th October, 2015.

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