ISLAMABAD: The Islamabad High Court (IHC) on Tuesday suspended a Justice of the Peace’s order dismissing an application seeking the registration of an FIR into the Pakistan Institute of Medical Sciences (Pims) neonatal fire tragedy.
The court also directed the authorities to submit the complete record, along with the inquiry report, and issued notices to the respondents, including the federal government and the Prime Minister’s Office (PMO).
The August 26 fire at a nursery in Pims’ Mother and Child Hospital claimed the lives of 14 newborns. The incident raised concerns over fire safety measures and sparked calls for accountabilitywith criminal action being ordered against eight officials.
“I will call for all reports and summon all evidence,” Justice Khadim Hussain Soomro observed while hearing a petition filed by lawyer Riaz Hanif Rahi on behalf of The Jurists Foundation of Pakistan.
“If any negligence comes to light, I will order the registration of a case against those responsible,” the judge added.
The petition seeks the registration of an FIR in connection with the deaths of 14 newborns in a fire at the Gynaecology Ward/Special Care Centre of the Mother and Child Hospital (MCH) at Pims.
The petitioner alleged that the incident was caused by gross negligence, including the absence of staff from a ward that had reportedly been locked to prevent theft.
Earlier, on Aug 28, Prime Minister Shehbaz Sharif ordered an inquiry against eight Pims officials over alleged negligence in addressing fire-safety deficiencies. The report alleged that the officials failed to take timely corrective measures despite being alerted to safety shortcomings, and that the subsequent tragedy could have been prevented.
“In the Pims tragedy, 14 children were burned simultaneously,” he said, adding that “even among wild animals in the jungle, such a thing does not happen,” said the counsel.
Justice Soomro, however, asked the counsel to restrict his submissions to the legal aspects of the case. When Rahi continued narrating details of the tragedy, the judge remarked: “You are veering off track again; please present legal arguments pertaining to your case.”
The counsel argued that no FIR had been registered in the deaths to date. The judge asked whether an inquiry had been conducted. Rahi replied that the inquiry report had established negligence and urged the court to direct the registration of an FIR before the end of the court’s working hours.
Explaining the delay, the counsel said the Justice of the Peace had dismissed his application on the grounds that petitions relating to the matter were already pending before the high court.
He argued that, apart from him, no one else had approached the police station seeking the registration of a case and that an FIR should have been registered.
“I have gathered so much evidence — but if an FIR is not registered, where am I supposed to take this evidence?” he asked.
After hearing the arguments, the court suspended the Justice of the Peace’s order and directed the authorities to submit the complete record, including the inquiry reports, before the next hearing. It also directed that all evidence be placed on record.
Other prayers
The petition, filed under Article 199 of the Constitution, also seeks directions for the respondents to compensate the victims’ families under Section 323 of the Pakistan Penal Code (PPC).
It further asks the court to restrain government medical staff, including doctors, from engaging in private practice, particularly at commercial establishments, unless permitted under a validly framed law.
Among other reliefs sought, the petitioner has asked the court to direct the Islamabad Healthcare Regulatory Authority to include individuals such as Dr Khaliq-uz-Zaman in its governing body, ensure that the relevant institutions meet ISO standards and direct the Auditor General to submit audit reports. In the event of any discrepancies, the petition seeks directions for the FIA to initiate proceedings.
The petition also calls for the replacement of expired electrical wiring in government hospitals. It further seeks a declaration that placing newborns in isolation is unreasonable, illogical and illegal, and runs counter to maternal love.
It further asks the court to declare the construction of the Mother and Child Hospital an encroachment on the hospital’s already approved plan and direct that the neonatal units be reconfigured so newborns can be placed within sight of their mothers and close to their beds.
The petitioner has also sought compensatory costs for filing the public interest litigation.
The court issued notices to the federal government through the Cabinet secretary, the Prime Minister’s Office, the Ministry of Interior, the Establishment Division, the Ministry of National Health Services, Regulations and Coordination, the Pakistan Medical and Dental Council, the Islamabad Healthcare Regulatory Authority, the Auditor General of Pakistan, the Islamabad chief commissioner and deputy commissioner, the Capital Development Authority, Capital Emergency Services, the executive director of Pims, the Islamabad inspector general of police, the SSP Operations, the FIA director general and other respondents, seeking their replies.
The hearing was adjourned until Nov 12.
Source: www.dawn.com
