IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
PRESENT: 
MR. JUSTICE MIAN SAQIB NISAR, HACJ. 
MR. JUSTICE EJAZ AFZAL KHAN. 
  
H. R. C. NO. 14158-G OF 2016 AND H.R.M.A. NO. 16 OF 2016 AND H.R.M.A. 
NO. 17 OF 2016 AND H.R.M.A. NO. 21 OF 2016.  
(Alleged gross corruption in supply of Oxygen. Nitrogen gas and theft of 
medicine from hospital).  
 
 
 
 
  
In attendance : 
 
Mr. Nayab Hassan Gardezi, Standing Counsel. 
 
 
 
 
Mr. Shehryar Qazi, Addl. A. G. Sindh. 
 
 
 
 
Mr. Umar Farooq Adam. A. G. KPK. 
 
 
 
 
Mr. M. Ibrahim Memon, Dy. Secy. Health Sindh. 
 
 
 
 
Mr. Bakhtiar Ali, S.O. (Health) KPK. 
 
 
 
 
Mr. Mudassar Khalid Abbasi, AAG. Pb. 
 
 
 
 
Dr. Yadallah, Dy. Secy., Primary Health Punjab. 
 
 
 
 
Mr. Tayyab Fareed, Addl. Secy. Health Punjab. 
 
 
 
 
Mr. M. Asif Iqbal, Sr. Law Officer Health Punjab. 
Dr. Waqar Aftab Malik. 
Dr. Arshad Rana. 
Dr. Anjum Javed (PIMS) 
Dr. Aftab Ali Malik. 
 
 
 
 
Dr. Sartaj Ali. 
 
 
 
 
Dr. Shaista Habibullah (NIRM) 
 
 
 
 
Dr. Tahir, DHQ, ILD. 
 
 
 
 
Dr. Iftikhar Naru. 
Date of hearing: 
 
12.08.2016 
 
O R D E R  
 
 
On the last date of hearing we having discussed irregularities 
committed in the hospitals summed up as under:- 
“2. 
How are the life saving drugs dealt with and how are the 
pharmacies in the hospitals managed are some of the important 
aspects to be attended and inquired into. We would, thus, direct 
the law officer to collect data in this behalf of the hospitals at least 
in the capital and submit a detailed report before the next date of 
hearing. Dr. Muhammad Arshad, the mover of CMA. No. 16/2016 is 
also directed to provide the necessary details in the matter which 
is being pored over by this Court. Dr. Waqar is also eager to 
provide data in this behalf. He too is directed to submit a CMA 
setting out all the irregularities he happens to be posted with. 
CMA. No. 17 of 2016 may further be vouched and documented to 
lay bare the necessary details. We also direct the Advocates 
General of the Provinces to collect details from the Chief 
Executives of the hospitals as to the state of laboratories and the 
other equipments installed therein to show whether they are in 
functioning order or otherwise. The needful be done within two 
weeks. Relist on 12.08.2016.” 
2. 
 
Some data in compliance with the order mentioned above 
has been given but that appears to be deficient on many counts. Data has 
also been submitted about the equipments installed in the hospitals with 
the relevant details showing how many of them are in functioning order 
H. R. C. NO. 14158-G OF 2016 AND H.R.M.A. NO. 16 OF 2016 AND 
H.R.M.A. NO. 17 OF 2016 AND H.R.M.A. NO. 21 OF 2016.  
 
 
2 
and how many of them are inoperative. The picture painted in the CMAs 
appears to be rosier but the grave ground realities are to the contrary. 
Some of the facts and figures appear to be fudged. Total number of 
ventilators available in the Polyclinic Hospital Islamabad has been shown to 
be 22 out of which 6 are non-functional. This figure also appears to be 
exaggerated. Refilling of Nitrous oxide cylinder 16200 liters is had at the rate 
of 22000 in Polyclinic but no authentic figure has been provided so far by 
the private hospitals. The learned Standing Counsel for the Federation is 
directed to collect information from Medicsi, Quaid-e-Azam and Shifa 
International Hospitals in this behalf. Though one of the surgeons working in 
Shifa International Hospital stated that the refilling of Nitrous oxide cylinder is 
done at the rate of 3000/- per cylinder, which in any case has to be 
supported by documentary evidence. Dr. Arshad Rana and Dr. Sartaj have 
undertaken to provide the authentic data from the above mentioned 
hospitals and the pharmacies therein. How the medicines having proven 
efficacy are eliminated to force way for prescription of more expensive 
and less efficacious medicines is another sordid and seamy aspect of the 
controversy which too cannot be over-sighted. This shows that the right to 
life is overarched by the right of freedom of trade which in no case is 
unfettered, unrestricted and unqualified if considered in terms of Article 18 
of the Constitution of the Islamic Republic of Pakistan. What is the state of 
laboratories in the hospitals in public sector and why are they out of order 
and in case they are in order why their results do not conform to those of 
reputed laboratories established in the private sector. Doctors like other 
professionals have a right to add to their riches but not at the cost of the 
ailing humanity. Statement of Dr. Shaista Habibullah representing National 
Institute of Rehabilitation Medicines (NIRM) that the equipments in the 
hospitals are enough to cater for the needs of the patients requiring long 
term management and that destitute are treated free of cost is indeed 
gladdening but why more than half of the equipments are out of order has 
to be accounted for. The state of healthcare is not only pathetic and 
H. R. C. NO. 14158-G OF 2016 AND H.R.M.A. NO. 16 OF 2016 AND 
H.R.M.A. NO. 17 OF 2016 AND H.R.M.A. NO. 21 OF 2016.  
 
 
3 
painful but in shambles despite the fact that the people manning and 
managing it are under Hippocratic Oath. Dr. Waqar Aftab Malik has 
undertaken to provide information over and above what can be beamed 
in from the internet as to what has been happening in the hospitals ever 
since their establishment with the connivance and complicity of the 
persons at the helm. Let him do so before the date fixed. The Advocates 
General of the Provinces are also directed to provide details about the 
machineries and other equipments in the DHQ Hospitals and their states of 
being operative and otherwise before the date fixed. Relist on 18.08.2016. 
Copy of this order be dispatched forthwith to all concerned including 
Advocates General of the Provinces for doing the needful.        
 
 
 
 
 
 
 
 
 
 
 ACJ 
 
 
Judge 
ISLAMABAD 
12.08.2016. 
M. Azhar Malik