PIMS Tragedy Judicial Inquiry Petition: Court Seeks Detailed Government Response
ISLAMABAD: The Islamabad High Court (IHC) has asked the federal government for the details of the report it had submitted to the Prime Minister on the PIMS tragedy and what action has been taken, asking the federal government to provide a full written reply.
Islamabad High Court Chief Justice Justice Sarfraz Dogar heard the petition filed by advocate Qasim Iqbal Jalali.
Court Proceedings and Arguments
Additional Attorney General Rashid Hafeez, Deputy Attorney General Faisal Irfan and Assistant Attorney General Azmat Bashir Tarar appeared before the court on behalf of the state during the hearing.
Chief Justice Sarfraz Dogar said that the incident was “very horrific,” as 14 children lost their lives.
The court inquired about the actions taken so far in the matter and how responsibility has been assigned. Petitioner’s Advocate Mr. Qasim Iqbal Jalali stated that both the committees constituted by the government were filled with government bureaucrats only.
He asked how the bureaucrats could be objective in an inquiry against their own department and how it would be okay to accept such a report and not point out the responsibility of any individual in that department.
Legal Scope and Government Response.
The Chief Justice then wondered what law the court had to call for an inquiry, and asked what law empowers the judiciary to make such a call. In response to the establishment of a Commission after the incident at Punjab Institute of Cardiology, the Chief Justice noted that it was the Government itself which constituted the Commission in the first place.
Chief Justice Sarfraz Dogar said that if any problem needs to be looked into, then the court can appoint one of its own judges to do so.
Further Attorney General Rashid Hafeez told the court that the Health Secretary was suspended on the day of the incident, and some officials of the PIMS were suspended as per the interim report. The current report is an interim report and a complete report will be submitted within five days, he added.
Proposals regarding the Executive Director and Budget of PIMS
The court also requested a report on the Executive Director of PIMS. In this regard, the petitioner’s counsel requested that the PIMS ED be relieved of his duty, his services be withdrawn from the Government and his responsibility be fixed for the negligence.
The counsel appearing before the court informed the court that the total annual budget of PIMS is Rs 20-22 billion while four infants are being treated in the same bed, thereby raising questions about the utilisation of the funds.
The Chief Justice said that he thought that the position of the Executive Director had been vacated, the lawyer said that he was aware that the position had been vacated but had not yet been officially transferred to them, nor were they found guilty in the investigation report.
Before adjourning the hearing, the Chief Justice commented that the court should determine what concrete steps have been taken to date.
The court ordered the federal government to provide a detailed counter with the report it gave the PM and a responsibility finding, as well as actions it had taken in light of the PIMS tragedy.