DT News - Pakistan - PMDC Restrained by Sindh High Court

News Desk

Thu. 10 April 2014

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The petitioner, medical professional, and an elected Member of Pakistan Medical & Dental Council (PMDC), has through the instant petition, challenged the promulgation of the “Pakistan Medical and Dental Council (Amendment) Ordinance, 2014.

Karachi—Sindh High Court (SHC) has restrained the Managing Committee formed by the Federal Government after de-notifying the elected members of Pakistan Medical and Dental Council (PMDC) through an Ordinance.

The SHC passed the order on a Constitutional Petition under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, filed by Dr Navid Rashid Qureshi against the Federation of Pakistan and others, and fixed the next hearing on April 16.

After hearing the petitioner’s counsel the SHC was pleased to pass the following order:

“Since Anwar Mansoor submits that after de-notifying the elected members through the purported amendment in the ordinance the Federal Government has notified a so-called management committee to run the affairs of the council who have absolutely no mandate under the laws Govt. have started functioning, it is absolutely necessary that the so-called managing committee be at least restrained till April 16 from functioning. The Order states.”

The petitioner, medical professional, and an elected Member of Pakistan Medical & Dental Council (PMDC), has through the instant petition, challenged the promulgation of the “Pakistan Medical and Dental Council (Amendment) Ordinance, 2014.

Anwar Mansoor Khan, counsel for the petitioner submits that the ordinance, being illegal, unfair and mala-fide, is beyond the competence of the Federal Government, and is also violate the provision of Article 154 of the Constitution of Islamic Republic of Pakistan.

Learned counsel submits that Article 154 of the Constitution prescribes the functions of the council of common interest created in terms of Article 153 of the Constitution, the function being formulation and regulation of policies in relation to the matter enumerated in Part II of the Federal Legislative Lists. In addition to formulation the council is also ordained to exercise supervision and control over related institutions.

Further, the counsel submitted that a cursory glance at PMDC Ordinance would clearly show that PMDC is a regulatory authority established by a Federal Law.