Executive’s failure ‘compelled’ judiciary to intervene, says CJP

–Chief Justice Nisar says judges forced to interfere in executive’s domain due to lack of govt’s performance and discomfort to people

KARACHI: Chief Justice of Pakistan (CJP) Mian Saqib Nisar remarked on Saturday that the judiciary is forced to intervene in the work of the executive due to a lack of performance in the institutions and the discomfort of the general public.

Addressing Senator Raza Rabbani, who appeared before the court, the CJP said that the judiciary did not want to interfere in executive matters but is “compelled” to do so due to the poor state of affairs.

CJP, while hearing the suo motu case of the death of children in Tharparkar and Mithi at apex court’s Karachi Registry, stated, “When we do interfere it is said that we are foolish to interfere in the work of executive”.

During the hearing of the case, the CJP lashed out at Sindh Health Secretary Fazlullah Pechuho for failing to take responsibility for children’s deaths in Tharparkar.

The provincial health secretary presented a report over the children’s death and remarked that the deaths occurred due to child marriages and a general lack of willingness on the doctors’ behalf of working in such areas. “Many doctors are not willing to go to hospitals in districts such as Mithi and Tharparkar,” he said.

Replying to the health secretary CJP remarked, “After reading the report, it seems that you weren’t at fault at all. You have just written that underweight children die. There are many problems in Sindh’s health department. Why don’t you serve any other department?”

Consequently, the bench rejected the report, ordering the government to form a committee comprising “neutral doctors” working in Aga Khan Hospital or other hospitals of similar stature.

The CJP expressed concern over the “numerous health problems in Sindh” and said that hospitals hand over the bodies of children to parents who are left with nothing but grief. The CJP also observed that he saw the video pertaining to Larkana hospital, adding that he is embarrassed after watching it. “I am thinking of personally visiting Larkana.” He then suggested Senator Rabbani watch that video as well.

The secretary informed that court that 50% of the children die due to pneumonia or diarrhoea. On this, the advocate general said that a good quality hospital has been constructed in Mithi and wheat is distributed for free to people in Thar.

Upon this, Justice Sajjad Ali Shah remarked that the court knows how much wheat is distributed for free, adding that all the wheat is targeted by those engaging in corrupt practices.

Moreover, Doctor Nawaz Malah suggested that a joint investigation team (JIT) must be formed to expose corruption in the health department, to which the chief justice said that this can be taken into consideration.