LAHORE: The Lahore High Court on Friday restrained the caretaker provincial government from removing any commissioner of the Punjab Healthcare Commission (PHC) under a newly-promulgated ordinance.

Justice Raheel Kamran Sheikh passed the restraining order hearing a petition by the Pakistan Medical Association (PMA) challenging the promulgation of an ordinance by the caretaker government acquiring powers to remove commissioners in the PHC even without assigning a reason.An assistant advocate general appeared before the court and sought time to submit replies on behalf of the government and other respondents.

A counsel for the petitioner/PMA asked the court to issue a stay order before allowing time to the government.

The law officer opposed the grant of interim relief on the ground that vires of the ordinance were under challenge. He said no removal of any PHC commissioner was under consideration at the moment.

Justice Sheikh observed that the rule against the grant of interim relief pending decision on vires of any provision of law was not an absolute one and in certain cases the Supreme Court had granted interim relief in such terms as deemed appropriate by the court.

The judge noted that the possibility of exercise of authority by the respondents under the impugned ordinance cannot be ruled out altogether and in case of removal of any of the commissioners, it shall not only cause an irreparable loss to him but may also render the petition infructuous.

He said the balance of inconvenience also leaned against the respondents, therefore, a case for the grant of interim relief was manifestly made out.

The judge ordered that no commissioner shall be removed in exercise of authority under the impugned ordinance by the respondents without permission of the court till the next hearing on Nov 13.

The PMA contended that the caretaker government did not have the mandate to advise for promulgation of an ordinance under Article 128 of the Constitution. It said even otherwise the necessary prerequisites of Article 128 of the Constitution were not satisfied in the case.

The petitioner said there were no such circumstances which rendered it necessary to take immediate action, make and promulgate the impugned ordinance.

It said any advice of the government in that regard and opinion formed therein is justiciable.

Published in Dawn, October 28th, 2023