LAHORE - Chief Justice of Pakistan Mian Saqib Nisar on Sunday formed two human rights cell to address the grievances of the citizens – one of them dedicated to minorities’ problems.

“We don’t decide matters merely on hue and cry rather we do that on the basis of evidence,” he said while hearing several suo motu notices at the apex court’s Lahore registry.

Around 20 persons, including women, approached the chief justice during an open court.

A man appeared on behalf of Mustafa Town and said that 1,300 houses had been “frozen” by the Lahore Development Authority and their sale and purchase was not allowed. The family in the area wanted to sell their properties but the LDA did not allow them which was against the law.

At this, the CJP asked the man whether they moved any petition in the high court or not. He replied that a judicial commission was required to be made on the issue. However, the CJP asked the Human Rights Cell to take comments from the respondents.

He also heard another lady who complained against MNA Malik Afzal Khokhar of PML-N and Chairman Babar of Raiwind area. Justice Nisar directed the HRC to take comments. He also heard other citizens and adjourned the hearing until April 7.

Medical colleges/hospitals cases

Separately, a CJP led two-judge bench yesterday gave three months to Pak-Red Crescent Medical & Dental College, Niazi Medical Complex and Gulab Devi Hospital to overcome their deficiencies and mismanagement.

The chief justice, along with PMDC registrar, also visited Gulab Devi Hospital the same day and inspected the state of affairs there. He inspected outdoor patient department (OPD) and cardiology ward, and listened to the complaints of the patients.

He ordered the hospital management to improve its functioning by complying with the court orders and gave it three months in this regard.

The CJP also took notice of disparity in salaries of doctors working at the government hospitals, stating that those called from abroad are paid a hefty sum while the local doctors are given a small amount in comparison.

Hearing the suo motu on fee structure of the medical colleges at the apex court’s Lahore registry, CJP Saqib Nisar remarked that the court was forced to take suo motu notices when departments fail to deliver.

He vowed to continue visiting public hospitals in order to protect citizens’ fundamental right to basic health facilities, giving a message to his detractors in political circles who allege him of interfering in the governmental affairs claiming that it is not the mandate of the court to meddle in administrative affairs.

The top judge warned the administration of all medical colleges that strict actions would be taken against them if they failed to comply with the court orders regarding improvement of their inadequacies which include the absence of required faculties, lack of equipment and necessary arrangements for the training of medical students.

“No compromise on medical profession; we want doctors not quacks,” the CJP remarked while addressing the lawyer who was representing the Pak-Red Crescent Medical & Dental College.

FIA Director Usman Anwar appeared before the bench along with report on Crescent College. According to him, neither there was sufficient faculty at the collage nor were the patients at the allied hospital in Phoolnagar being treated, which put a big question mark on the training of the students.

The report by the FIA irked the bench, which also included Justice Ijazul Ahsan. The court expressed its wonder over the lack of facilities for training of the students.

“You got Rs940 million from the students and did nothing for them,” Justice Ahsan remarked. He said unfortunately there were only one professor and seven assistant professors to educate the students.

Justice Ahsan also said that it was surprising that donation was the only criteria for admission of the students.

On it, the college’ lawyer said that he disagreed with this point and submitted that the college was not functioning since 2011 and it opened admission in 2016. “We gave several ads to hire faculty but nobody is coming,” he said.

At this, Justice Ijazul Ahsan said that when the college did not pay reasonable salary then how one could go there. “You pay Rs100,000 to a professor and Rs20,000 to others, so why would someone go there,” he said.

CJP Saqib Nisar said that all deficiencies must be overcome as it was the responsibility of the college.

He asked the college’s lawyer how much time they should be given for improvement. The counsel said they would require at least six month, but the chief justice rejected the proposal.

On it, the lawyer said that UHS should provide them faculty as they had signed a memorandum with it before starting the college. The court however rejected this idea too saying that why the UHS should provide the faculty.

“We are not yet taking up the matter of Rs850,000 fee at this moment which you have collected from the students, and it is a criminal act as you have done nothing for them,” the CJP said to the college lawyer.

“However, we can understand that there might be some factors of failure and therefore we are giving you time to improve; and if you fail even then, action would be taken against you (college administration) both in the light of civil and criminal law,” the judge said.

The bench gave three months to the college to improve the faculty, lab and other facilities required for the training of the medical students and directed the management to submit affidavit, observing that if the college failed to implement the order, the court would take the measures to save the future of the students.

Meanwhile, the CJP also took the matter of Niazi Medical Complex based in Sargodha district. The PMDC and other officers informed the bench that still no inspection was done of the hospital.

The CJP directed the college to improve its infrastructure and facilities, and directed the health officials including the members of the PMDC to hold inspection of the college and submit report within three months.

He asked the Punjab government for provision of a helicopter so he himself could go for inspection of the college after three month to make sure his orders are complied with.

The chief justice observed that official helicopters do not belong to the PM and CMs only but to the state of Pakistan.

 

 

Victim mother’s case

Separately, CJP Mian Saqib Nisar on Sunday also took a suo motu on murder of a widow’s only son, and issued notices to the accused persons, besides summoning Punjab Police chief to explain police’s alleged negative role in the case.

The bench, which included Justice Ijazul Ahsan, also summoned all the police officers including Inspector Zulfiqar Ali, sub-inspector Muhammad Younas, ASI Aslam and other constables who dealt with the case of 18-year old Mohsin.

The CJP appointed Barrister Salman Safdar as amicus curie in the case and asked Punjab Prosecutor General Ehtisham Qadir to provide state lawyer to the victim woman - Sugran Bibi - when she said she could not afford the lawyer’s fees.

Sugran had came in front of the CJP’s car outside the Supreme Court Lahore registry the other day to plead for help in her son’s case, and she was directed by the chief justice to appear in the court on Sunday.

The woman, a resident of Sialkot, cried before the bench – sharing details of her sufferings. She told the bench how she was victimized by the powerful accused and the police officials.

“They killed my son, took my two daughters to some unknown place and raped me,” Sugran Bibi said in somber voice.

The CJP observed that they have to provide justice on the basis of evidence and under the law. “If you are right in your claim you will get justice,” he assured the woman. “We have summoned all these officials and have issued notices to the accused,” the CJP added.

Earlier, Punjab Prosecutor General Ehtesham Qadir read to the bench the documents provided by the aggrieved woman.

He said that two judicial inquiries were held and the second inquiry was in her favour, establishing that she was true in her claim. He said an FIR (no 177/2008) of the case was registered with Shadara police station.

According to the widow, she lost her son Mohsin ten years ago, and she claimed that Abid Butt, Adil Butt, Shafiq and Mesa Butt were involved in the murder. She said police officials backed the accused party as they were financially strong.

The bench adjourned the hearing until April 7.

Taking up the plea of another woman, Amna bibi of Pattoki, regarding murder of her son, the CJP issued notices to the respondents for April 7.

Amna said she did not want the police to investigate her son’s case and threatened to commit suicide if her demands were not met. She pleaded the court to mark the inquiry to any other agency. The CJP said they would ask the sessions judge to hold inquiry of her case.

 

CJP forms two human rights cells