Mr. Nayyab Hassan Gardezi, Standing Counsel vs Mr. Shehryar Qazi, Addl.
This matter arises from a suo motu action concerning the operational status and supply chain management of four public health institutions, specifically focusing on the shortage of nitrogen gas at the Poly Clinic. The core legal question involves the obstruction of public procurement processes due to a status quo order issued by an Additional District Judge, which prevented the opening of a new tender. The Court held that the pending litigation regarding the tender must be expedited to resolve the impasse. Consequently, the Court directed the Additional District Judge (or the vacation Judge in their absence) to finally dispose of the matter on a specific date. Furthermore, the Court mandated the Secretary of the Capital Administration and Development Division (C.A.D.D.) to ensure uninterrupted nitrogen gas supply at the Poly Clinic in accordance with applicable rules. Additionally, the Court ordered the Advocates General of the Provinces to submit comprehensive reports regarding the operational status of machinery and equipment in District Headquarters (DHQ) Hospitals, emphasizing the necessity of maintaining essential public health infrastructure.
- Can a court direct the expedited disposal of a pending civil matter involving public procurement to prevent the disruption of essential hospital services?
- Does the Secretary of a government division have the authority and obligation to ensure the supply of essential medical gases despite pending litigation regarding procurement contracts?
ORDER
1. Pursuant to the order dated 18.8.2016, Secretary , C.A.D.D. is present in the Court. He has apprised this Court of the issues which are involved in this suo moto action and has undertaken that he shall take into account all aspects of the matter with regard to all the four institutions and shall submit a comprehensive report within a period of two weeks. As far as the supply of nitrogen gas in the Poly Clinic is concerned, it has been noticed that the Contractor , who was making the supply , has procured some status quo order from the Court of Sayyed Faizan Haider , Additional District Judge (West), Islamabad and it is on account of the above that new tender floated could not be opened. Learned counsel appearing on behalf of the said Contractor namely M/s Business Development Islamabad is present in the Court and states that he has moved an application to be arrayed as a party to the original proceedings. Such application shall be considered. However , we direct that the matter be taken up by the said Additional District Judge on 22.8.2016 and if he is on leave on the said date the vacation Judge shall take up the matter and finally dispose of the same. In the meantime, Secretary , C.A.D.D. shall make all the arrangements as per the rules and ensure that nitrogen gas does not fall short in the Poly Clinic. The Advocates General of the Provinces are also directed to provide details about the machineries and other equipments in the DHQ Hospitals and their states of being operative and otherwise before the date fixed. The original record already requisitioned must be sent back through the Special Messenger immediately .