Chief Justice of Pakistan hears different cases at Lahore and issues directions
Islamabad, January 20, 2018 (PPI-OT):Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar heard different cases today at Supreme Court Branch Registry Lahore and passed following directions:
HUMAN RIGHTS CASE NO.505 OF 2018 regarding action taken by HCJ on the conditions of Government Hospitals of Lahore. Pursuant to order dated 6.1.2018, the Medical Superintends of the public hospitals filed their reports along with affidavits. The same was sent to Ad-hoc Committee of PM and DC for its reply/report.
SUO MOTU CASE NO.1 OF 2010 AND C.M.As.NO.2878-L OF 2017, 1-L, 17-L AND 25-L OF 2018 AND HUMAN RIGHTS CASE NO.27813-P OF 2017 AND C.M.A.NO.3020-L OF 2017
The court was informed that as per the order dated 6.1.2018, the inspection of the Lahore Medical and Dental College has been conducted by the Committee constituted for this purpose and the reports have been submitted, one by Ms. Ayesha Hamid, the Commission of the Court, whereas others by the members of the Committee. Copies of these reports were ordered to be handed over to Mr. Munawar-us-Salam, learned counsel appearing for PAMI and Lahore Medical and Dental College for their response to be filed by 22.1.2018. The reports along with the replies were sent to Ad-hoc Committee of PM and DC for their opinion.
Moreover vide order dated 6.1.2018, the court had directed all the private medical colleges in Pakistan, particularly in Punjab, to provide a list of all those candidates who had applied, finalized and finally been admitted to their respective colleges along with the merit list. Pursuant to the said order, PAMI submitted reports on behalf of Rawal Institute of Health Sciences, Islamabad, HBS Medical and Dental College, Islamabad and Islamabad Medical and Dental College, Islamabad. The remaining medical colleges have been directed to do the needful positively within a period of one week.
It is directed by Court that a copy of this application be provided to Mr. Ashfaq Bhullar, learned counsel for PAMI so that he can obtain and file comments on behalf of Multan Medical and Dental College, Multan and Bakhtawar Amin Medical and Dental College, Multan.
Mr. Munawar-us-Salam, learned ASC filed reply to the report submitted by LDA. According to him the matter of regularization/conversion of the building is under consideration by the LDA. The court directed that the same be done in accordance with law.
With regard to the issue of illegal Marriage Halls/Marquees, the court was informed by the learned counsel for LDA that the notices have been issued to all the Marriage Halls/Marquees highlighting the violations. Mr. Aitezaz Ahsan, learned Sr. ASC appeared before the Court and submitted that the LDA rules provide that the minimum area for a marriage hall must not be less than 4 kanals and for marquees must not be less than 8 kanals which is highly unreasonable because there are certain areas in Lahore where due to heavy urbanization no space is available as such it is not possible to acquire 4 kanals of land for the purpose of a Marriage Hall. The court directed the Director General, LDA to consider this aspect of the matter and adjourned the case for tomorrow 21.1.2018 (Sunday).
CIVIL MISC. APPLICATION NO.1864 OF 2010 IN CONSTITUTION PETITION NO.9 OF 2005 AND CONSTITUTION PETITION NO.134 OF AND CIVIL MISC. APPLICATIONS NO.5325 OF 2013, 1939 OF 2014 AND 5959 OF 2016
M/s Hamid Khan, Anwar Kamal, Ahsan Bhoon and Azam Nazir Tarar, learned counsel pointed out certain irregularities in the legal education system which include non-availability of infrastructure, fake faculty, attendance of students, admission of students having 3rd division as well as failure of the Universities to supervise the affiliated law colleges. It was further informed that the committees are required to be constituted in other provinces on the lines it has been constituted in the province of Punjab. They were directed to provide a list of nominees to be included in the committees.
Furthermore, Vice Chancellor, Punjab University submitted that there are 35 law colleges affiliated with the university. According to him the requirements for affiliation include availability of library, computer lab with at least 50 computers not more than five years old, campus having at least 2000 sq. yards of area with minimum of three classrooms with capacity of 100 students and at least moot-room. Surprise visit of the affiliated colleges has been made once a year.
However, it was highlighted by Mr. Anwar Kamal, learned Sr. ASC that there is only one Inspection Committee of the University for inspecting all the affiliated colleges in all disciplines which is insufficient to have proper inspection. In view of the above, the court directed that all the Universities in Pakistan which are entitled to grant affiliation to any Law College are prohibited to do so from today i.e. 20.1.2018.
The court also directed that all the Vice Chancellors of the respective Universities, present in Court, to submit the particulars and details of the faculty of the respective colleges affiliated with them, to provide the particulars in writing whether the requirements of affiliation as mandated by Pakistan Bar Council are fulfilled or not, and the teaching staff remains available all the times with the Universities or not. The Court observed that the information must be supported by affidavits on oath to be submitted by the Vice Chancellors, who were cautioned that in case the affidavits were found to be either false or deficient in any manner, strict action shall be taken against them as mandated in the law.
They (Vice Chancellors of the respective Universities) must also provide the information as to how many colleges affiliated with the Universities are permanent or on provisional basis. This must be done within a period of 10 days from today .The affidavits and particulars/information submitted by the Vice Chancellors shall be bounded in the shape of paper-book and a copy whereof shall be provided to Mr. Hamid Khan, learned Sr. ASC for making his recommendations after considering the same. The case was adjourned for tomorrow 21.1.2018 (Sunday).
CIVIL PETITION NO.2374-L OF 2016, C.M.As.NO.3580-L and 2702-L OF 2016, 554-L and 961-L OF 2017 AND 30-L OF 2018, SUO MOTU CASE NO.4 OF 2017 AND HUMAN RIGHTS CASES NO.4412 AND 11066-G OF 2017 AND C.M.A.NO.3-L OF 2018
Water: Mr. Noor-ul-Amin Mengal, D.G., PFA appeared and stated that about 150 samples were taken from different companies of bottled water and sent to PSCIR and about 24 reports have been received , mostly showing that the water is not fit for human consumption. As such the concerned filtration plants have been sealed. The court directed, let a complete report be filed.
Sewerage Waste: Chief Secretary, Punjab admitted that most of the sewerage water of Lahore is flowing into Ravi River without any treatment. However, six treatment plants shall be installed at various places and working in this regard is going on.
Hospital Waste: Ms. Ayesha Hamid, learned ASC submitted that there are some discrepancies in the report submitted by Secretary, EPA with regard to the incinerators installed in the public sector hospitals for disposal of hospital waste. Secretary Health, Punjab submitted that the process of installation of state of art multifunctional incinerator plant is under way which shall be completed in future. Secretary EPA was directed to submit fresh report in this regard.
Air pollution: Secretary EPA was directed to measure the level of pollution at six different locations of Lahore city and submit a report in this regard.
The bench headed by Hon’ble Chief Justice of Pakistan Mr. Justice Mian Saqib Nisar will also hear Zainab Murder Case tomorrow 21.1.2018 (Sunday) along with other cases.
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