IN THE SUPREME COURT OF PAKISTAN 
(ORIGINAL JURISDICTION) 
 
 
PRESENT: 
MR. JUSTICE TASSADUQ HUSSAIN JILLANI, HCJ 
MR. JUSTICE MIAN SAQIB NISAR 
MR. JUSTICE IQBAL HAMEEDUR RAHMAN 
 
S.M.C. NO. 1 OF 2012 & C.M.A. NOs. 49-L/2012, 448-L/2012, 
4055/2012, 5186/2012, 926-L OF 2013 & H.R.C. NO. 8634-S 
OF 2012 
(Regarding death of more than 90 heart patients under treatment in Punjab Institute of 
Cardiology on account of spurious drugs) 
 
In Attendance: 
 
Mr. Faisal Zaman Khan, Addl. A.G. 
 
 
 
 
Mr. Muhammad Zikria Sh, DAG 
Mr. Khurram Saeed, ASC (for Efroz 
Chemicals) 
Syed Zia Husnain, Federal Inspector Drug, 
DRAP 
Mr. Nadir Feroz, in person 
Mr. Hamid Khan, Sr. ASC (for Shaikh 
Zayad Hospital) 
Mr. Mehmood ul Islam, AOR 
Mr. Babar Hayat Tarar, Acting Secretary 
Health 
Mr. Shahid Hussain, Asstt Incharge, 
DRAP 
Mr. Mazher Sher Awan, Addl. P.G. 
 
Date of Hearing:  
26.12.2013 
 
ORDER 
 
THE CASE OF SHEIKH ZAYAD HOSPITAL 
 
 
Mr. Babar Hayat Tarar, Secretary Health, Government 
of Punjab submits that the Provincial Government reiterates its 
undertaking to ensure that the autonomous status of the Shaikh 
Zayad Hospital would not be compromised rather the same shall 
be retained; that the Provincial Government has sent a Reference 
to the Federal Government to reconstitute the Board of Trustees of 
the Shaikh Zayad Bin Sultan An-Nahyan Trust and adds that the 
apprehension of the Members of the Faculty of Shaikh Zayad 
Hospital that the salary structure is likely to be adversely affected 
is misconceived. On Court query, he submits that the Provincial 
Government by way of interim arrangement had constituted a 
S.M.C. NO. 1 OF 2012 & C.M.A. NOs. 49-L/2012, 448-L/2012, 4055/2012, 5186/2012, 926-L 
OF 2013 & H.R.C. NO. 8634-S OF 2012 
2 
Managing Committee comprising of eight members and is headed 
by Mr. Ishaq Dar, Federal Minister for Finance and the last 
meeting of the said Committee took place in March, 2013. The 
other Members of the Committee, according to him, are renowned 
public figures, Government Servants and two representatives / 
Faculty Members from Shaikh Zayad Hospital.  
2. 
 
We would not like to comment any further on the 
working of the Shaikh Zayad Hospital and the grievances being 
agitated by Members of the Faculty in CMA No. 682-L/2013. 
However, the very fact that the Managing Committee did not have a 
meeting for the last more than nine months may not be a flattering 
commentary on the working of the institution. The Court was 
inclined to constitute a committee / commission by way of an 
interim arrangement to oversee the working of the Institution and 
to ensure that the above undertaking of the Provincial Government 
is given effect to in letter and spirit. However, on the assurance 
held out by the Secretary Health before this Court that the matter 
would shortly be resolved and the Reference sent to the Federal 
Government would lead to a more permanent arrangement, we 
adjourn the case for a date to be fixed by the office in the 2nd week 
of January, 2013. 
 
THE CASE OF EFROZ CHEMICALS 
3. 
 
Learned counsel for the Efroz Chemicals submits that 
petitioner is prepared to pay compensation to each bereaved family 
in terms of CMA No. 1624-L/2013. However, he adds that in 
deference to the observation of this Court, petitioner is prepared to 
increase the amount of compensation to the tune of Rs.400,000/- 
to each bereaved family provided the State drops the prosecution of 
S.M.C. NO. 1 OF 2012 & C.M.A. NOs. 49-L/2012, 448-L/2012, 4055/2012, 5186/2012, 926-L 
OF 2013 & H.R.C. NO. 8634-S OF 2012 
3 
the criminal cases registered qua the occurrence; requests for 
three days time to seek instructions as to how soon the afore-
referred compensation can be paid to the families. 
4. 
 
Let notice be issued to the Prosecutor General Punjab 
as also to the Advocate General Punjab to appear after examining 
the matter and seeking instructions from the Competent Authority. 
To come up on 30.12.2013.  
 
 
 
CHIEF JUSTICE 
 
JUDGE 
 
JUDGE 
Lahore, the 
26th of December, 2013 
Khurram