SUO MOTU ACTION TAKEN BY HCJ REGARDING SERVICE STRUCTURE OF PAKISTAN KIDNEY AND LIVER INSTITUTE (PKLI)_ In the matter of vs N_A
This matter arose from a suo motu action taken regarding the service structure of the Pakistan Kidney and Liver Institute (PKLI) and involved the management of the institute and travel restrictions on Dr. Saeed Akhtar. The core legal questions pertained to the legality of the continued foreign travel ban, the management of PKLI through a court-constituted committee vis-a-vis its governing statute, and the validity of an inquiry initiated by the Anti-Corruption Establishment. The Supreme Court held that the ban on foreign travel imposed by earlier court orders should be recalled, leaving it to relevant authorities to decide in accordance with the law. The Court further held that PKLI must be managed and run strictly in accordance with sections 6 and 8 of the Pakistan Kidney and Liver Institute and Research Centre Act, 2014, thereby disbanding the court-constituted management committee. Finally, aggrieved persons were permitted to challenge the Anti-Corruption Establishment's inquiry report before the appropriate forum under the law. The key principle laid down is that statutory bodies must be managed in accordance with their governing legislation rather than court-appointed committees once functioning.
- Can the Supreme Court recall a travel ban previously imposed on an individual during the pendency of proceedings?
- Should the Pakistan Kidney and Liver Institute and Research Centre be managed by a court-constituted committee or in accordance with its governing statute?
- How should grievances regarding an inquiry report initiated by the Anti-Corruption Establishment be addressed?
- Section 6, Pakistan Kidney and Liver Institute and Research Centre Act 2014
- Section 8, Pakistan Kidney and Liver Institute and Research Centre Act 2014
ORDER
1. MANZOOR AHMAD MALIK, J.---After hearing all the concerned, this matter is disposed of in the following terms:- i) The ban on the foreign travelling of Dr. Saeed Akhtar imposed through orders of this Court dated 03.06.2018 and 13.09.2018 is hereby recalled. However, the relevant authorities, if they deem appropriate, may determine and decide the matter of imposition of ban on the foreign travelling of Dr. Saeed Akhtar, strictly in accordance with law. ii) During the hearing of this case, a Committee was constituted by order of this Court dated 13.09.2018 to manage and run the affairs of the Pakistan Kidney and Liver Institute and Research Centre (PKLI). Learned counsel for the parties, during the course of arguments, have drawn our attention to sections 6 and 8 of the Pakistan Kidney and Liver Institute and Research Centre Act, 2014 (the Act). After perusal of said provisions of law and considering the circumstances, we direct that PKLI shall be managed and run in accordance with the provisions of the Act and the Committee so constituted by order of this Court stands disbanded immediately. iii) It has further been observed by us that the Anti-Corruption Establishment (ACE) had initiated an inquiry into the affairs of PKLI. We have asked the Additional Director General, ACE present in Court as to how the said inquiry was initiated. He submitted that the inquiry was initiated on a source report and Inquiry Report in this regard has since been submitted in the Court. We are not minded to comment on the contents and findings of the said Inquiry Report lest it may cause prejudice to the case of the persons held responsible in the said Inquiry Report because their counsel have serious reservations about the jurisdiction, procedure and findings of the Inquiry Report. Therefore, persons aggrieved of the Inquiry Report may voice their grievance before the appropriate forum under the law. However, it is made clear that if any such grievance is voiced, the said forum shall decide the same strictly in accordance with law without being influenced/prejudiced by any observations/ directions/orders passed by this Court during the hearing of this matter.