PESHAWAR: Peshawar High Court has rejected multiple petitions challenging the government’s move to outsource 24 of its hospitals in the province to private companies.

A bench consisting of Justice Ijaz Anwar and Justice Farah Jamshed pronounced the order of rejecting six petitions on the matter after completion of arguments by all parties involved in the matter, declaring that it had limited powers to interfere in the government’s policy matters.

Last October, the court had granted status quo in the matter and directed the Khyber Pakhtunkhwa Health Foundation that it could continue the process on the relevant advertisement, but no final order regarding outsourcing of the hospitals should be issued.

The petitions were filed by several citizens and lawyers including Jamal Nasir, Nauman Yousaf and others.

Court says it has limited powers to interfere in govt’s policy matters; petitioners claim move aimed at privatising hospitals

They had sought directives of the court for respondents including provincial government and KPHF to withdraw an advertisement/expression of interest (EOI) and also cancel the outsourcing process undertaken by the foundation under the garb of public-private partnership and to continue to manage these hospitals under the public healthcare system as mandated by law.

They requested the court to stop respondents and their agents or contractors from proceeding further with the outsourcing or handing over of management of the said 24 hospitals to private entities.

They had also sought directives of the court for respondents to ensure uninterrupted and free provision of medical facilities and health services at all the said hospitals to people in accordance with their constitutional obligations under different provisions of the Constitution.

The petitioners’ lawyers stated that on Sep 18, 2025, the KPHF managing director published an expression of interest (EOI) for provision of services at 24 health facilities across the province through public-private partnership.

They stated that by virtue of the impugned advertisement, bids were invited from private parties for outsourcing the management of 24 hospitals.

They contended that the impugned EOI, if acted upon, would result in privatisation of all the 24 hospitals that were government-managed health facilities providing services to poor and marginalised population, thereby depriving the petitioners and general public of their constitutional right of access to affordable healthcare.

They contended that provision of healthcare facilities by the government was a fundamental right of citizens guaranteed under Article 38 (d) of the Constitution.

They believed that ‘privatisation’ of hospitals would make medical treatment more expensive for the citizens.

Advocates Habib Anwar and Subaktageen Khan Chamkani appeared for the respondents including the KPHD and stated that the government had decided to outsource the management of underperforming hospitals to private companies to improve service delivery, while patients would still receive free treatment at government rates.

Mr Anwar dispelled the impression that it was any sort of privatisation, stating that it was outsourcing of management and the government would retain ownership and oversight through its health department.

He referred to provisions of KP Health Foundation Act and the KP Public Private Partnership Act in support of his contention.

The lawyer said that the private sector would handle issues like shortage of staff and maintenance of equipment. He argued that the goal of the initiative was to upgrade healthcare services in struggling hospitals.

He said that by outsourcing management, the government intended to ensure timely and quality treatment for patients; improve hospital administration and workflow; make better use of existing government resources and increase transparency and accountability in healthcare delivery. He added that public-private partnership would fill critical gaps and all those hospitals would remain government owned.

Mr Anwar assured the court that outsourcing the hospitals would not make treatment expensive, as the government itself will provide the funding for these hospitals.

An additional advocate general stated that the provincial government had already been providing free treatment to citizens through the Sehat Card health insurance scheme.

He said that outsourcing of health facilities was aimed to upgrade these facilities and improve services in hospitals.

The counsel said outsourcing would place no additional financial burden on the public and was meant to ensure 24/7 services for the people.

He said the policy had been approved by the provincial cabinet, while the legislation for it was passed by the government in 2016.

Published in Dawn, May 23rd, 2026