IN THE SUPREME COURT OF PAKISTAN 
 (APPELLATE JURISDICTION) 
 
PRESENT: 
MR. JUSTICE GULZAR AHMED, HCJ 
MR. JUSTICE IJAZ UL AHSAN 
MR. JUSTICE MAZHAR ALAM KHAN MIANKHEL 
 
CRIMINAL MISC. APPLICATION NO.459 OF 2020 IN CRIMINAL 
PETITION NO.350 OF 2020. 
(Against the order dated 07.04.2020 passed by the Islamabad High Court, Islamabad in Criminal 
Original No.70-W/2020 in Writ Petition No.3800 of 2019).  
 
Tanveer Ahmed Qureshi, Secretary Ministry of National Health 
Services, Regulations & Coordination, Government of Pakistan, 
Islamabad.  
…Petitioner(s) 
Versus 
 
Brig. (R) Dr. Hafizuddin Ahmed Siddiqui, former registrar, Pakistan 
Medical & Dental Council, Islamabad, etc. 
 
  
…Respondent(s) 
In attendance: 
Mr. Khalid Javed Khan, AGP.  
 
Ch. Aamir Rehman, Addl. AGP.  
 
Dr. Tanveer Ahmed Qureshi,  
 
Secy. M/o NHSR&C.  
 
Mr. Asif Sohail, Director Legal.  
 
Mr. G. M. Jhakrani, Dy. Dir. Legal. 
 
Ch. Akhtar Ali, AOR.  
 
For Respondent No.1: Hafiz Arfat Ahmed Ch., ASC. 
 
Syed Rafaqat H. Shah, AOR. 
 
a/w Brig. (R) Dr. Hafizuddin Ahmed Siddiqui.  
 
Date of Hearing:  
15.04.2020.  
 
  
 ORDER  
 
 
 
The petitioners have challenged an order of the 
Islamabad High Court directing the Federation to allow the 
Respondent Brig. (Retd) Dr. Hafizuddin Ahmed Siddiqui to assume 
control of PM&DC and taking immediate steps for compliance on a 
contempt petition filed by Respondent No.1. The matter has now 
been fixed for hearing on 16.04.2020. The learned Attorney General 
for Pakistan submits that the order has been passed despite the fact 
that an application moved by the Federation pointing out that the 
Crl.M.A.459/20 etc 
2 
 
 
 
 
 
 
 
Respondent cannot be treated as an incumbent in the Office of 
Registrar PM&DC owing to the fact that the very law under which 
the appointment has been made has already been repealed is 
pending before the Islamabad High Court. He further points out that 
in light of “Zahid Waheed Khan. v. Crystal Chemical Limited” (2006-
YLR-2577), despite ex-facie illegality of the said order, the same 
cannot be challenged in an Intra Court Appeal, as the same is not a 
final order. He further submits that unless this Court interferes in 
the matter in the interest of justice and in exercise of its powers 
under Article 187 of the Constitution, multiplicity of litigation would 
ensue in addition to serious legal complications need to be 
addressed on urgent basis owing to the importance of PM&DC and 
its work as a regulator which has come to a stand still on account of 
recent rounds of litigation.  
 
2. 
 
In view of the above and in order to examine the legal 
questions involved in the matter, the application is allowed, the 
office objection is overruled.  
 
Crl. P. No.350 of 2020. 
3. 
 
The learned Attorney General for Pakistan submits that 
while directing the Federal Government to allow the former Registrar 
of PM&DC appointed under the Repealed PM&DC Ordinance, 2019 
to assume the control of office of Registrar the learned High Court 
acted illegally without jurisdiction and in contravention of an 
unambiguous and unequivocal judgment passed by this Court on 
this very subject reported as “Pakistan Medical & Dental Council 
through President & 3 others. v. Muhammad Fahad Malik & 10 
others”  (2018 SCMR 1956). He further submits that the 
appointments made under an Ordinance do not survive after repeal 
Crl.M.A.459/20 etc 
3 
 
 
 
 
 
 
 
of the Ordinance unless specifically saved by any provision of 
subsequent legislation. He therefore maintains that while restoring 
the Respondent No.1 in contempt proceedings the learned High 
Court not only exceeded its jurisdiction but omitted to follow the 
principle of law settled by this Court in “Province of the Punjab 
through Secretary, Health Department. v. Dr. S. Muhammad Zafar 
Bukhari” (PLD 1997 SC 351). He maintains that there is neither 
legal basis nor lawful justification.  
 
4. 
 
We have confronted the learned ASC for Respondent No.1 
with a question how the Respondent could claim to be the Registrar 
of PM&DC when the law under which he was appointed stands 
repealed. He frankly concedes that there is no legal basis for such 
claim. He however submits that in line with the earlier order of this 
Court, he would approach the Council for redressal of his grievance, 
if any and that he will not press his contempt petition presently 
pending before the Islamabad High Court. In view of such conceding 
statement of the learned counsel for the Respondent, who is also 
present in Court in person, we do not feel the necessity to proceed 
further in the matter.  
 
5. 
 
This Criminal Petition is therefore converted into an 
appeal and allowed. The impugned order of the High Court dated 
07.04.2020 is accordingly set aside. In view of the statement of 
learned ASC for Respondent No.1, the Contempt Petition pending 
before the Islamabad High Court shall also stand dismissed.  
Crl. M. A. No.468 of 2020. 
6. 
 
In view of the fact that the Criminal Petition has been 
converted into an appeal and allowed by us today, this application 
has become infructuous and is accordingly disposed of.  
Crl.M.A.459/20 etc 
4 
 
 
 
 
 
 
 
Crl. M. A. No.460 of 2020. 
7. 
 
The learned Attorney General for Pakistan has brought to 
our notice a judgment of the Islamabad High Court dated 
11.02.2020 passed in Writ Petition No.3800 of 2019 through which 
the learned High Court has set aside Pakistan Medical Commission 
Ordinance, 2019. Further, the learned High Court has directed that 
the ad-hoc Council constituted by this Court vide order dated 
21.01.2018 passed in Civil Appeals No.3 and 4 of 2014 and other 
connected petitions to perform the functions and run the affairs of 
PM&DC in accordance with law.  
 
8. 
 
We notice that as per orders passed by this Court the 
Council constituted by this Court comprised of following Members: 
1. 
Mr. Justice (Retd) Mian Shakirullah Jan, former Judge 
of Supreme Court of Pakistan (President). 
 
2. 
The Attorney General for Pakistan or his nominee 
(Member) 
 
3. 
Federal Secretary Health, Islamabad. (Member) 
 
4. 
Surgeon General of Pakistan Armed Forces (Member) 
 
5. 
Vice Chancellor, The National University of Medical 
Sciences (Member) 
 
6. 
Vice Chancellor, University of Health Sciences, Lahore 
(Member) 
 
7. 
Vice Chancellor, Jinnah Medical University, Karachi 
(Member) 
 
8. 
Vice Chancellor, Khyber Medical University, Peshawar 
(Member) 
 
9. 
Principal, Bolan Medical College, Quetta (Member) 
 
10. 
Principal, De’Montmorency College of Dentistry, Lahore 
(Member) 
 
11. 
Professor Dr. Faisal Masood, Member (since deceased).  
 
 
9. 
 
It appears that the ad-hoc Council constituted by this 
Court ceased to exist after promulgation of PM&DC Ordinance, 
Crl.M.A.459/20 etc 
5 
 
 
 
 
 
 
 
2019. The learned Attorney General for Pakistan submits that in 
view of the judgment of the Islamabad High Court, the same needs 
to be reconstituted for various reasons. This cannot be done by the 
High Court because the Council was constituted under specific 
orders of this Court. Therefore, this Court may, if it considers 
appropriate reconstitute the Commission. Further, on account of 
afflux of time various changes have occurred and subsequent events 
have overtaken the situation which need to be considered by this 
Court in the interest of better and effective working of the 
Commission. He submits that PM&DC is the main regulator of the 
medical profession and medical education. It is imperative that it 
should run effectively efficiently and smoothly. He adds that there 
was no Medical University in Balochistan and this Court may now 
consider inclusion of Vice Chancellor, Bolan University of Medical 
and Health Sciences as Member of the ad-hoc Committee instead of 
the Principal Bolan Medical College. Furthermore, in order to ensure 
representation to the Federal Capital Territory, the Court may also 
include Vice Chancellor, Shaheed Zulfiqar Ali Bhutto Medical 
University, Islamabad in the Commission.  
 
10. 
 
He submits that a new President of the ad-hoc Council 
may be nominated by this Court. Federal Government considers it 
necessary, owing to the work and the importance of PM&DC in 
addressing various pressing issues faced by it including huge 
backlog of pending registration of large number of doctors, dealing 
with matters involving admissions, admission policies, registration, 
renewals of registration of Private Medical Colleges etc which have 
been pending since long that a whole time Chairman should be 
appointed who may be able to devote his full time and energy run 
Crl.M.A.459/20 etc 
6 
 
 
 
 
 
 
 
the Council effectively. The sheer quantum of work requires a whole 
time Chairman who may be able to deal with the overwhelming 
workload and backlog which needs to be cleared quickly. He further 
submits that the Hon’ble Chairman originally appointed by this 
Court has rendered outstanding and meritorious services which are 
greatly appreciated and acknowledged. However, owing to his other 
pressing engagements as Chairman, National Industrial Relations 
Commission as well as the Member, Law & Justice Commission of 
Pakistan which require his whole time attention, it would be unfair 
and unreasonable to burden him with further responsibilities of a 
pressing nature. On being contacted by the office, the Hon’ble 
President of the Council has also expressed his unwillingness to 
continue any further because of his other engagements mentioned 
above which take up most of his available time. We find that he has 
performed his duties diligently efficiently and with grace and dignity 
and implemented all orders passed by this Court in letter and spirit. 
In this view of the matter and respecting the wishes of the current 
Chairman and with deference to the reasons given by him as well as 
the learned Attorney General for Pakistan we allow the request.    
 
11. 
 
Accordingly, the Council is reconstituted in the following 
manner: 
1. 
Mr. Justice Ejaz Afzal Khan, (former Judge of the 
Supreme Court of Pakistan) President.  
 
2. 
The Attorney General for Pakistan or his nominee 
(Member). 
 
3. 
Federal Secretary Health, Islamabad. (Member) 
 
4. 
Surgeon General of Pakistan Armed Forces (Member). 
 
5. 
Vice Chancellor, The National University of Medical 
Sciences (Member). 
 
6. 
Vice Chancellor, University of Health Sciences, Lahore 
(Member). 
Crl.M.A.459/20 etc 
7 
 
 
 
 
 
 
 
 
7. 
Vice Chancellor, Jinnah Sindh Medical University, 
Karachi (Member). 
 
8. 
Vice Chancellor, Khyber Medical University, Peshawar 
(Member). 
 
9. 
Vice Chancellor Bolan University of Medical and Health 
Sciences, Quetta (Member). 
 
10. 
Vice Chancellor, Shaheed Zulfiqar Ali Bhutto Medical 
University, Islamabad  (Member). 
 
11. 
Principal De’Montmorency College of Dentistry, Lahore  
(Member).  
 
12. 
 
The Council shall meet as soon as possible. The Attorney 
General Office shall with prior approval of President of the Council 
intimate the date of its first meeting to all concerned. The President shall 
in consultation with the Council appoint a Registrar of the Council. All 
existing record of PM&DC shall be handed over to the authorized 
representative of Secretary Health by Respondent No.1. The said Secretary 
shall provide full assistance in convening and holding of meetings of the 
Council. All functionaries of PM&DC who may be in possession/custody of 
any record of PM&DC shall also handover all relevant records to 
authorized representatives of the concerned Ministry or a person 
nominated by the Chairman of the Commission. The application is 
disposed of in the afore-noted terms.   
   
Chief Justice  
 
Judge  
 
Judge 
 
Announced in open Court at Islamabad on ______________ 
 
Judge 
 
‘Not Approved For Reporting’ 
Zubair/*