LAHORE: The Lahore High Court on Friday suspended a decision of the Punjab Healthcare Commission (PHC) wherein it ordered registration of a criminal case against the owner of a private hospital for allegedly causing death to a newborn baby.

Ghulam Mustafa, who runs a hospital in Renala Khurd, filed a writ petition challenging the decision of the PHC for being unlawful.

Representing the petitioner, Advocate Ashfaq Ahmad Kharal stated before the court that the PHC acted on a complaint filed by the husband of a woman, who visited his hospital for delivery of a child.

The counsel said two qualified female doctors conducted operation of the woman, however, she developed some complications. He said the petitioner, being the owner of the hospital, took the woman to Sir Ganga Ram Hospital in Lahore where doctors could only save the mother and the newborn baby boy died.

He said the healthcare commission held an inquiry on the complaint of the woman’s husband wherein it gave a clean chit to the doctors who conducted operation of the patient, with a warning and ordered the local police to lodge a criminal case against the petitioner.

The counsel argued that the Punjab Healthcare Commission Act 2010 did not empower it to order a criminal case. He said the commission could only order sealing of a health facility, impose fine or cancel practicing licence of a doctor.

He asked the court to set aside the impugned decision of the PHC for being unlawful and beyond its jurisdiction.

Justice Ali Baqar Najafi suspended the impugned decision and sought a detailed reply from the commission by Sept 8.

Published in Dawn, July 27th, 2019