LAHORE: The Lahore High Court has ruled that powers to seal a clinic/healthcare establishment enjoyed by the Punjab Healthcare Commission are lawful.

A judgment rendered by Justice Ayesha A. Malik states that the primary objective of the healthcare commission while regulating healthcare and clinical governance is public safety and public health. “Any matter which puts the public health at risk or which compromises the health and care of a person must be protected through preventive action,” it adds.

The Punjab Dental Practitioners Association had challenged the powers of the commission to seal the clinics, saying the commission should not illegally harass the members of the association and it sought a declaration that all persons registered under Unani Ayurvedic and Homeopathic Practitioner Act, 1965 (Unani Act) be authorized to practice as dental technicians and dental hygienists, if they possess the appropriate diploma by the Skill Development Council.

On the other side the healthcare commission had challenged a decision of the district and sessions judge of Toba Tek Singh whereby sealing order against the clinics of quacks was set aside and it was held that the commission did not have any power under the Punjab Healthcare Commission Act, 2010 to seal a healthcare establishment.

On behalf of the provincial government, Additional Advocate General Anwaar Hussain argued that there was always a presumption in favour of the constitutionality of a statute unless the statute was not declared to be unconstitutional.

He said in the instant cases, the subject of healthcare fell within the domain of the provincial government and required it to legislate. He argued that the Health Act aimed to improve performance and quality of healthcare and consequently prevent quackery. Consequently all service providers and establishment had to be regulated at a provincial level and could not be regulated at a federal level.

The judge rules that petitioners, members of the association, are not registered under the Unani Act and fall under the definition of quack under the Health Act and any action taken by the commission with respect to their establishment is on the basis of the fact that they are not registered under the Unani Act and are not qualified to practice dentistry.

The judge dismissed the petition of the association’s members and allowed the petition moved by the commission setting aside the impugned order of the sessions court and upheld the powers being exercised by the commission to seal the clinics of quacks.

Published in Dawn, July 19th, 2018