ISLAMABAD: A debate has once again started regarding the status if the Pakistan Medical and Dental Council (PMDC) after the Supreme Court issued a notification about the appointment of Justice Mian Shakirullah Jan as member of the council.

Some officials of the council and legal experts said PMDC cannot remain functional as the presidential ordinance for it -which was promulgated in 2015 and under which its management was elected- could not sail through parliament.

On the other hand, the council management maintains the ordinance was passed by the National Assembly and referred to a joint session, without being rejected in Senate, and that it will therefore remain functional as long as it is not rejected during a joint session of parliament.

New member’s appointment under 2012 act raises questions about legality of decisions taken by management elected under ordinance

The council has been facing controversies for the last decade. During the current government, President Mamnoon Hussain promulgated the PMDC Amendment Ordinance 2015 on Aug 25, 2015 due to which the executive council of the PMDC was dissolved.

An acting management committee was formed which was headed by retired Maj Gen Azhar Kayani.

The committee was advised to hold elections of the executive council within 120 days.

However, the process could not be completed in that time due to which Minister National Health Services Saira Afazal Tarar on Dec 11, 2015 tabled the bill in the National Assembly and extended the ordinance for another 120 days.

After the completion of the process, a new management committee headed by Dr Shabir Lehri started working but so far, the presidential ordinance has not been able to pass through parliament.

Last year, the PML-N government tried to pass the ordinance in a joint session but Senate Chairman Mian Raza Rabbani wrote a letter to Speaker National Assembly Sardar Ayaz Sadiq, suggesting he should not take the bill up during the joint session, which has put the legality of the questions taken by the council in question.

The new controversy started when the notification by the Supreme Court was issued earlier this month which is available with Dawn and which nominates a former judge of the apex court, Justice Shakirullah Jan, as member PMDC.

It says the new member will replace Justice Tariq Pervez, a former Supreme Court judge, under PMDC (Amendment) Act, 2012.

An official of the council said the SC notification says the new member has been appointed under the 2012 act which means the 2015 ordinance does not have legal value.

“The notification is clear evidence that the 2012 act is restored in PMDC due to which the current management of the council does not have any legal status. We suggest the former management be restored without delay,” he said.

NHS director general Dr Asad Hafeez, who is also a member of the council, told Dawn the ministry believes the bill was passed by the National Assembly and was not rejected by Senate and that it can therefore be implemented as long as it is not rejected in a joint session.

“There are also court rulings saying the council can continue working. We hope the bill will be passed during the next parliamentary joint session,” he said.

Supreme Court advocate Riasat Ali Azad said the ordinance could not sail through parliament and has therefore become dysfunctional as the date on it has expired.

“The council members are legitimate as the council was elected while the ordinance was functional. However, the council cannot take any decision after the expiry of the ordinance and the 2012 act is considered restored,” he said.

Talking to Dawn, PMDC President Dr Lehri said the Islamabad and Lahore high courts have in various cases given verdicts that the council can continue functioning.

Asked about the new member of the council, Dr Lehri said the court nominated him under the 2012 act, it did not declare the council illegal.

“Former member Justice Tariq resigned due to health issues and the court has nominated the new member because it believes the council is legitimate. It would not have nominated a new member otherwise,” he said.

“As far as the council’s ordinance is concerned, we have been trying to convince the government to table it in the next joint session and to pass it so the controversies would end for good,” Dr Lehri said.

Published in Dawn, October 19th, 2017