ISLAMABAD - The Islamabad High Court (IHC) on Wednesday declared the Pakistan Medical Commission (PMC) Ordinance, 2019 as “ultra vires to the Constitution” of Pakistan.
A single bench of IHC comprising Justice Mohsin Akhtar Kayani announced the verdict in various petitions challenging the vires of Pakistan Medical Commission Ordinance, 2019.
The IHC bench also made it clear in the judgment that the PMC Ordinance, 2019 is ultra vires to the Constitution, therefore, the affairs of PMDC have to be regulated under the PMDC Ordinance, 1962 which stands revived in its original position.
Justice Kayani said that the actions, orders and decisions taken by the PMC pursuant to promulgation of the PMC Ordinance, 2019 are hereby declared unlawful and they are not allowed to proceed further in any manner, however the actions affecting the rights of any individual in this regard will have to be considered by the interim regime notified in the case of Fahad Malik supra in Para-24(n), (o) & (p).
He declared, “All the employees of erstwhile PMDC are hereby reinstated into service w.e.f. the promulgation of the PMC Ordinance, 2019, any amount, salary or financial remunerations received by those employees shall stand adjusted in accordance with original positions and any overpaid amount is to be treated as advanced salary accordingly. They are allowed to attend their offices by all means and the Federation of Pakistan shall ensure the due protection of their employment rights. Any person who has been appointed against their positions shall be reverted back to his parent department or if any newly appointed person on their positions stands de-notified.”
The IHC bench noted, “The Members of the Council appointed in terms of Section 4 of the PMC Ordinance, 2019 i.e. Respondents No 5 to 11 (Roshaneh Zafar, Muhammad Ali Raza, Tariq Ahmed Khan, Rumina Hassan, Dr Asif Loya, Dr Arshad Taqi and Dr Anees Rehman) are neither allowed to represent PMC or erstwhile PMDC in any manner, nor suppose to join any meeting or pass any order dealing with the affairs of the Council in any manner as their appointment/nomination is illegal and void. Similarly, all of their actions, approvals and orders are also illegal and subject to rectification by the regular Council as and when appointed under the law.”
The court said that it is expected from all the stakeholders, including the federal government, to take appropriate measures for enactment of a law which is pending before the Parliament as per the constitutional mandate by considering the objectives and functions of PMDC as well as while considering the fundamental rights of the employees of PMDC and other stakeholders.
Justice Kayani ruled, “It is high time to settle the scheme of Article 89 of the Constitution of the Islamic Republic of Pakistan, 1973, therefore, it is further expected from the Parliament to reconsider the wisdom of Article 89 of the Constitution in line with its original mandate as referred in the Parliamentary debate taken place in the year 1973 as well as under present circumstances when Article 89 of the Constitution has been misused, therefore, the promulgation of Ordinance or any other such type of instrument should not be used for elimination of permanent enactment or for elimination of permanent rights which were achieved through the act of Parliament so that the constitutional Authority of the Parliament would not be undermined in future or its mandate should not be violated.”
The court verdict said that the PMC Ordinance, 2019 is declared to be ultra vires to the Constitution of the Islamic Republic of Pakistan, 1973 and its effect is considered to be nullity in the eyes of law from the date of its promulgation, although it has now been converted into a Bill which is pending with the parliament.
, however it has no legal effect as Bill has yet to take effect unless it has been passed by the Parliament in the manner provided in the Constitution.
A single bench of IHC comprising Justice Mohsin Akhtar Kayani announced the verdict in various petitions challenging the vires of Pakistan Medical Commission Ordinance, 2019.
The IHC bench also made it clear in the judgment that the PMC Ordinance, 2019 is ultra vires to the Constitution, therefore, the affairs of PMDC have to be regulated under the PMDC Ordinance, 1962 which stands revived in its original position.
Justice Kayani said that the actions, orders and decisions taken by the PMC pursuant to promulgation of the PMC Ordinance, 2019 are hereby declared unlawful and they are not allowed to proceed further in any manner, however the actions affecting the rights of any individual in this regard will have to be considered by the interim regime notified in the case of Fahad Malik supra in Para-24(n), (o) & (p).
He declared, “All the employees of erstwhile PMDC are hereby reinstated into service w.e.f. the promulgation of the PMC Ordinance, 2019, any amount, salary or financial remunerations received by those employees shall stand adjusted in accordance with original positions and any overpaid amount is to be treated as advanced salary accordingly. They are allowed to attend their offices by all means and the Federation of Pakistan shall ensure the due protection of their employment rights. Any person who has been appointed against their positions shall be reverted back to his parent department or if any newly appointed person on their positions stands de-notified.”
The IHC bench noted, “The Members of the Council appointed in terms of Section 4 of the PMC Ordinance, 2019 i.e. Respondents No 5 to 11 (Roshaneh Zafar, Muhammad Ali Raza, Tariq Ahmed Khan, Rumina Hassan, Dr Asif Loya, Dr Arshad Taqi and Dr Anees Rehman) are neither allowed to represent PMC or erstwhile PMDC in any manner, nor suppose to join any meeting or pass any order dealing with the affairs of the Council in any manner as their appointment/nomination is illegal and void. Similarly, all of their actions, approvals and orders are also illegal and subject to rectification by the regular Council as and when appointed under the law.”
The court said that it is expected from all the stakeholders, including the federal government, to take appropriate measures for enactment of a law which is pending before the Parliament as per the constitutional mandate by considering the objectives and functions of PMDC as well as while considering the fundamental rights of the employees of PMDC and other stakeholders.
Justice Kayani ruled, “It is high time to settle the scheme of Article 89 of the Constitution of the Islamic Republic of Pakistan, 1973, therefore, it is further expected from the Parliament to reconsider the wisdom of Article 89 of the Constitution in line with its original mandate as referred in the Parliamentary debate taken place in the year 1973 as well as under present circumstances when Article 89 of the Constitution has been misused, therefore, the promulgation of Ordinance or any other such type of instrument should not be used for elimination of permanent enactment or for elimination of permanent rights which were achieved through the act of Parliament so that the constitutional Authority of the Parliament would not be undermined in future or its mandate should not be violated.”
The court verdict said that the PMC Ordinance, 2019 is declared to be ultra vires to the Constitution of the Islamic Republic of Pakistan, 1973 and its effect is considered to be nullity in the eyes of law from the date of its promulgation, although it has now been converted into a Bill which is pending with the parliament.
, however it has no legal effect as Bill has yet to take effect unless it has been passed by the Parliament in the manner provided in the Constitution.