PESHAWAR: Peshawar High Court has given 120-day’s time to Khyber Pakhtunkhwa government for implementation of its earlier judgement of ensuring uniformity of laboratories, hospitals and clinics rates.

A bench consisting of Justice Sahibzada Asadullah and Justice Dr Khurshid Iqbal disposed of a plea filed by senior lawyer Saifullah Muhib Kakakhel, seeking implementation of the court’s judgement of 2019 wherein KP Health Care Commission (HCC) was directed to fix service rates for public and private sector laboratories and other health facilities in consultation with health department within three months.

The bench directed the petitioner that in case his grievance was not redressed within the stipulate time, particularly with regard to implementation of orders of the court, he should be at liberty to re-agitate the matter before the court through an appropriate application.

Mr Kakakhel submitted that though a notification was issued on Nov 20, 2025, in respect of public sector laboratories owned by hospitals, no such attention was paid to private laboratories, which were consequently not made part and parcel of the said notification.

He contended that there were several clinical laboratories in the province that had been practically fleecing people by charging exorbitant rates for conducting various tests. He submitted that since 2019, the government had failed to implement the judgement of court and no concrete steps were taken for standardisation of rates of laboratories, hospitals and clinics.

PHC disposes of petition filed by senior lawyer

He said that the matter had been pending before the court for a considerable period, yet no substantial progress had been made for reasons best known to the respondents including health department.

He said that with each passing day, the sufferings of people were increasing, warranting interference by court, particularly as respondents were reluctant to implement the orders already passed.

The additional advocate general, Asad Jan, appeared for the government along with the deputy secretary (litigation) of health department, Zainullah, and the director of KPHCC, Mohsin Ali. They said that at departmental level the matter stood finalised, however, the same was yet to be placed before provincial cabinet for onward consideration.

The AAG also stated that government was in the process of preparing a comprehensive law to regulate the rates of private laboratories.

“In view of the foregoing circumstances, and considering that the respondent department, more particularly the provincial government, intends to introduce amendments regarding the powers and competence of Health Care Commission, especially with respect to adjudicating upon this issue and regulating the increase and decrease of prices, propriety demands that sufficient time be granted for completion of the said process,” the bench observed.

When the bench asked the petitioner whether he would be satisfied in case a specific timeframe was provided to the respondents, he expressed his apprehension regarding undue delay and submitted that if a definite timeline was fixed, he would be satisfied and would not press the instant plea.

“Keeping in view the legal and factual complexities involved, reasonable time is required, however, it would be appropriate that the matter be concluded within the shortest possible time, preferably not later than one hundred and twenty (120) working days,” the bench ordered.

The high court in its 2019 judgement had observed that fees should be in accordance with the quality of healthcare services.

It had ordered: “For this purpose, health department and Health Care Commission, both are heavily responsible to provide a mechanism to bring uniformity in the fee structure and standards of health services in public and private sector healthcare establishments and stop healthcare service providers from charging exaggerated fee from general public.”

“No doubt, fee structure of doctors and laboratories depends upon the expenses, staff, location and equipment used, but owing to this reason, they cannot be left shutter-less to charge unbridled fee from general public,” it had added.

In the main petition, Mr Kakakhel, known for public interest litigations, had requested the court to issue directives to HCC to regulate rates of public and private sector health facilities and make it mandatory for private laboratories, clinics and hospitals to display their rates at visible places on premises.

Published in Dawn, February 9th, 2026