KARACHI: SHC reserves order on Dr A. Q. Khan’s plea: IBS case
By Our Staff Reporter
KARACHI, Jan 29: Justice Zahid Kurban Alavi of the Sindh High Court reserved order on a plea by Dr A. Q. Khan as chairman of the Institute of Behavioural Sciences, Karachi, to restrain the institute’s erstwhile executive director, Dr S. Haroon Ahmed, from interfering in the IBS affairs.
Dr Ahmed’s application for restoration of the IBS management to its parent body, the Pakistan Association of Mental Health (PAMH), which he heads, would be heard on Feb 18. He has questioned Dr Khan’s takeover of the institute and his ouster as IBS executive director and sought an injunction restraining him from operating the IBS accounts and altering its status in any manner, whatsoever.
The applications for temporary injunctions have been filed by the nuclear scientist and the psychiatrist in their suit and counter-suit over IBS control and management.
Arguing for Dr Khan’s plea, his senior counsel, Mohammed Ali Sayeed, submitted that an interim order in favour of the applicant had been passed by the judge earlier seized of the matter in December. It was not extended but Dr Ahmed treated its lapse as permission to restore status quo ante.
He maintained that a court stay order was applicable to the situation as it obtained at the time of institution of a suit. “It cannot revive the state of affairs existing prior to the suit’s institution”.
Referring to the report of the official assignee deputed by the court to visit the IBS, Mr Sayeed stated that patients were not suffering on account of the change of management.
Contesting the application, Kazim Hassan, advocate, submitted that according to the assignee’s report, only eight ‘doctors’ were looking after hundreds of patients. Four of the doctors were MBBS, two MCPS, one M.Sc. in clinical psychology and one M. A. (psychology).
The institute was meant for specialized treatment of patients suffering from mental disorders, but, according to the report, it was now open to the sick in general. To treat ordinary patients with the mentally sick was extremely dangerous.
Mr Hassan stated that the PAMH had long been involved in providing succour to those suffering from mental and psychosomatic disorders. It helped draft and amend the Lunacy Act. It acquired a six-acre plot for establishing the IBS before Dr Khan entered the scene.
Justice Alavi observed that apparently ‘arrogance’ lay at the root of the entire dispute. A governing body for the IBS was notified by the Sindh government, but the notification was soon withdrawn. Reserving his comments on the government notification, he wondered whether a new governing body could be named by an individual.
When the judge wanted to know which of the two parties had the IBS account books, Advocate Sayeed said the detailed figures quoted by Dr Ahmed showed that he was in possession of the books. Advocate Hassan countered that the data contained in his pleadings had been obtained from published material.
“It’s better to forgive”, the judge remarked when Mr Sayeed made a grouse of certain adverse press comments and explained that according to the court order, the adjournment was not granted because of his illness.
The hearing of Dr Ahmed’s application could not proceed due to paucity of time and was adjourned to Feb 18.
