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LHC dismisses petition against unavailability of safety kits, fines doctors

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LHC dismisses petition against unavailability of safety kits, fines doctors

DNA

APRIL 21, 2020

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The Lahore High Court (LHC) has on Monday dismissed a petition against the unavailability of coronavirus safety kits and other facilities and fined six doctors who had filed the plea. LHC Chief Justice Muhammad Qasim Khan heard the petition and remarked that such application is synonymous with defaming the country. The Punjab government said in its reply, submitted in the court, that facilities have been provided to all doctors across the province under the standard operating procedures (SOPs) and the government is taking care of doctors more than its resources. After analyzing the report, the LHC chief justice said, “Doctors around the world are treating coronavirus patients by risking their own lives. “Can we [judges] not contract the virus through the files which open on daily basis? Do I not have children? Is there any separate room in my house? Those doctors who dearly love their lives should resign. No one will be allowed to smear the country.”
 
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LHC fines doctors for 'malafide' petition seeking provision of PPE, financial relief

Rana Bilal
April 25, 2020


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Court considers govt reply satisfactory; says legal action can be taken against doctors who filed petition. — Dawn/File


The Lahore high Court on Saturday released its written verdict in a petition filed by doctors working as medical officers in Punjab hospitals, seeking personal protective equipment (PPE) and additional financial relief from the government.

In its written order, authored by LHC Chief Justice Mohammad Qasim Khan, the court not only threw out the petition, but also ordered the petitioners to cover the costs while allowing the Punjab health department and the provincial government to take action against them for any laws they may have broken and for "bringing a bad name to the institution".

According to the order, a copy of which is available with Dawn.com, the petitioners pleaded for the provision of protective equipment for all health professionals combating the spread of the novel coronavirus but records shared with the court showed not one of the five petitioners had been assigned duties related to coronavirus.

It added that one of the petitioners was posted for a day to screen virus patients, for which he was given complete protective gear.

"For what has been stated above, the instant writ petition on the face of it appears to be a malafide move and an attempt to get easy social media projection for no solid and sound basis thereof," read the order.

Accepting the Punjab government's stance that PPEs are only provided to doctors treating coronavirus patients, the court also noted in its order that several developed countries were also facing a shortage of protective gear in the health crisis that has emerged from the pandemic.

The court said it would be unfair to give a verdict against the Punjab government when it had been taking effective measures to ensure the safety of doctors, adding that doctors as public servants also had a responsibility towards the state.

"If for all good reasons, we keep doctors on the highest pedestal, at the same time we cannot allow all and sundry to play havoc in the society by spreading chaos through unauthentic information or levelling allegations against the state or its institutions," the LHC order read.

The court also noted that the pleas by the doctors, including the financial relief package, were directly related to their terms of service, for which they have means of redressing in the form of hierarchies in the health department.

Without approaching other modes of redressal granted to them, public servants cannot move the high court with a constitutional petition, the chief justice wrote.
 
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