IN THE COURT OF DISTRICT JUDGE, LAHORE

Civil Appeal No. _________ of 2023

Iqra Medical Complex through its Administrator

Muhammad Kanwal Saeed s/o Saeed Ahmad Akhtar,
5-A, Johar Town, Lahore
… Appellant

Versus

1. Punjab Healthcare Commission

through its Chief Operating Officer
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore

2. Lt. Col (Rtd) Dr. Muhammad Saleem Khokhar

Additional Director Center Region
Punjab Healthcare Commission
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore
…Respondents
________________________________________________________________________

Appeal under section 31 of Punjab Healthcare Commission Act, 2010 against

the impugned order of the Lt. Col (Rtd) Dr. Muhammad Saleem Khokhar
dated 13th October 2020 Additional Director Punjab Healthcare Commission
(PHC)
________________________________________________________________________

Claim in Appeal:

To Set-Aside the Impugned Order dated 13.10.2020

Respectfully submitted:

1. That the Iqra Medical Complex, Johar Town, Lahore (the “IMC”) is a
multi-disciplinary Hospital Licensed with the Punjab Health Commission
vide License # -------------------- (Annexure I) issued in terms of Section 16
of the PHC Act 2020 (Annexure II).
2. That the said License was granted to the IMC by the PHC on successful
complying the Minimum Service Delivery Standards (MSDS) prescribed
by the PHC under the provisions of Section 20 of the PHC Act and all
other legal requirements enshrined thereunder as assessed by the PHC
Inspection teams in terms of section 16 subsection 2 of the Act bid
(Annexure III).

3. That the IMC has the state of the art facilities for provision of Treatment to
the patients and also treating the patients affected by COVID 19, as
assessed by Dr. Nasir Dilshad Deputy Director PHC i.e. the PHC Surveyor
on 20th may 2020 as per his inspection Report appended as (Annexure
IV).

4. That vide the Inspection Report dated 20th May 2020, the DD PHC/
Surveyor certified that the Hospital IMC is fully prepared to manage the
COVID 19 patients and did not point out any deficiency. It was only
through this report that the IMC was advised to report any confirmed
patient visiting the hospital on the dashboard. Thereafter, from 25.05.2020,
IMC updated all the record of the patients on the Dashboard of the
National Command & Operate centre for COVID-19 patients.

5. That after visiting and inspecting IMC, the PHC issued a notice bearing
Ref No.INSP/HC/2020/UR/ dated 18.06.2020, which we have received
on 19.06.2020 (the “Notice”) for the proceedings u/s 4 of PHC ACT 2010.
It is pertinent to mention that the notice only relates to the use of
TOCILIZUMAB/ACTEMRA on COVID-19 patients and is silent on the
reporting arrangements by the IMC (Annexure V).

6. That the Government of the Punjab issued SOPs dated 10th June 2020
regarding use of Injection TOCILIZUMAB /ACTEMRA on COVID 19
patients. Prior to issuance of the said SOPs dated 10th June 2020 there was
neither any restriction nor guidelines issued by any authority regarding
use of Injection TOCILIZUMAB /ACTEMRA on COVID 19 patients
(Annexure VI).

7. That the said Injection TOCILIZUMAB /ACTEMRA was used in the

Hospitals for the treatment of COVID 19 patients strictly in accordance
and on the recommendations/ advice of the concerned clinicians /
 specialists. The Injection TOCILIZUMAB /ACTEMRA was administered
to one patient namely Mr. Sohaib Ahmed bearing CNIC # 35202-5521840-
5 admitted in the IMC on 6th June 2020 and 9th June 2020 i.e. prior to the
issuance of the SOPs dated 10th June 2020 by the Government on the
advice of the concerned expert. Particulars / patients Medical Record
attached as (Annexure VII).

8. That in compliance with the above mentioned notice, IMC appeared

before the PHC and submitted its stance on 20.06.2020. It was submitted
that IMC is regularly reporting all COVID 19 patients as per guidelines
and is abiding by the SOPs dated 10th June 2020 regarding use of Injection
TOCILIZUMAB /ACTEMRA (Annexure VIII).

9. That the Respondent no. 2, while accepting the stance of the IMC on the
use of Injection TOCILIZUMAB /ACTEMRA, proceeded against the IMC
on the alleged delay in reporting the COVID-19 patients for which no
notice has ever been issued. Inspite of everything being in order and there
being no violation on the part of the IMC, the Respondent No 2 Lt. Col
(Rtd) Dr. Muhammad Saleem Khokhar (Additional Director PHC issued
order dated 13th October 2020 vide #: Lab/R-25721/2020 (the “Impugned
Order”) imposing a fine of Rs. 50000/- (rupees Fifty Thousand only) upon
the IMC without any justification and legal provision (Annexure IX).

10. That the impugned order dated 13.10.2020 passed by Respondent no. 1 is
illegal, unlawful, without lawful authority, unwarranted by law, not
sustainable in the eyes of law and it is liable to be set-aside while
accepting the appeal, inter alia on the following amongst other

GROUNDS

(i) That the impugned order dated 13.10.2020 is illegal, unlawful,

fanciful, without lawful authority and has been passed without
appreciating the facts on record as well as submissions advanced
by the appellant, thus great miscarriage of justice has been done,
hence the impugned order is liable to be set-aside.

(ii) That the notice issued by the PHC, only contained allegation on the
use of the Injection TOCILIZUMAB /ACTEMRA for which the
 stance of IMC has been accepted. The Respondent no. 2 proceeded
against IMC on the delay of reporting the patients, is against the
law as no notice has been issued to that effect. The impugned order
is liable to be set-aside on this ground alone.

(iii) That the Impugned order is not sustainable in the eye of the law,
the same has been passed without the application of judicious
mind, hence liable to be set-aside.

(iv) That IMC has been updating all the record of the patients which
can also be confirmed from the website of the NCOC. The
Respondent no. 2 while passing the impugned order ignored this
fact.

(v) That the decision to impose a fine of Rs 50,000 on the IMC for
updating record on the dashboard with slight delay is harsh and
unjustified. It is also contrary to the law to impose a fine, without
giving notice regarding the same. IMC never received any no-tice
for not updating the data on the dashboard; therefore, to impose a
fine is illegal and an abuse of power.

(vi) That the said impugned order was issued in sheer violation of
Section 9 sub section 2 of the PHC Act that empowers only the
Board of Commissioners of the PHC to take decisions regarding
imposition of the penalties etc. and that too in the meeting of the
Board.

(vii) That the said order dated 13th October 2020 vide #: Lab/R-
25721/2020 is a clear example of misuse of powers and rather
colourful use of powers and liable to be set aside.

(viii) The Appellant reserves the right to raise additional grounds at the
time of hearing/arguments of the appeal.

In light of the aforesaid it is most respectfully prayed that this Honourable Court
may graciously be pleased to accept the appeal in hand and set-aside the
impugned order dated 13.10.2020 while declaring the impugned order as illegal,
unlawful and without lawful authority.

It is further prayed that the operation of the impugned order dated

13.10.2020 may very kindly be suspended till the final disposal of the case.

Grant any other relief that this Honourable Court deems fit in the
circumstances of the case.

Appellant

Through

Counsel

Barrister Mian Waleed Ashraf Tallat Mahmood Murad Ali Khan

Advocate High Court Tarhana Advocate
Advocate High Court

VERIFICATION

Verified on oath at Lahore, Pakistan on this 11 th day of December 2023 that the
contents of the paragraphs 1 – 10 of the above plaint are true and correct to the
best of my knowledge and that the contents of the remaining paragraphs of the
above plaint are true and correct according to the best of my belief and the
information received, and that nothing has been concealed therein.

Appellant

IN THE COURT OF DISTRICT JUDGE, LAHORE

 Civil Appeal No. _________ of 2023

Iqra Medical Complex through its Administrator

Muhammad Kanwal Saeed s/o Saeed Ahmad Akhtar,
5-A, Johar Town, Lahore
… Appellant

Versus

1. Punjab Healthcare Commission

through its Chief Operating Officer
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore

2. Additional Director Center Region

Punjab Healthcare Commission
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore …Respondents

(Civil Appeal)
________________________________________________________________________

Affidavit of Muhammad Kanwal Saeed s/o Saeed Ahmad Akhtar,

5-A, Johar Town, Lahore
________________________________________________________________________

I, the above named deponent, do hereby solemnly swear and affirm that the
contents of the accompanying appeal are true and correct to the best of my
knowledge and belief and that nothing has been concealed therefrom.

Deponent

Verification:

Verified on oath on this 11 day of December 2023, at Lahore, that the contents of
the above affidavit are true and correct to the best of my knowledge and belief
and that nothing has been concealed or suppressed therefrom.

Deponent

IN THE COURT OF DISTRICT JUDGE, LAHORE

 Civil Appeal No. _________ of 2023

Iqra Medical Complex through its Administrator

Muhammad Kanwal Saeed s/o Saeed Ahmad Akhtar,
5-A, Johar Town, Lahore
… Appellant

Versus

1. Punjab Healthcare Commission

through its Chief Operating Officer
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore

2. Additional Director Center Region

Punjab Healthcare Commission
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore …Respondents

(Civil Appeal)
________________________________________________________________________
Application on behalf of the Plaintiff for interim relief under Order XXXIX
rules 1 and 2 read with section 151 of the Code of Civil Procedure, 1908 and
other enabling provisions in this behalf

Respectfully sheweth:

1. That the Appellant has filed the titled appeal and for the sake of brevity
and to avoid repetition and unnecessarily burdening the file, the
submissions made and the grounds raised in the Plaint may graciously be
treated and read as an integral part hereof.

2. That the Appellant has an extremely strong prima facie case and there is
every likelihood of its success in the Appeal.

3. That the balance of convenience lies heavily in favour of the Appellant, no

prejudice or loss is likely to be occasioned to the Respondents if the
interim relief being prayed herein is granted. To the contrary, if the
interim relief prayed herein is refused, the Plaintiff shall suffer irreparable
loss and injury.
4. That it would be in the interests of justice if the relief respectfully prayed
for herein is granted.

In the light of the foregoing, it is most respectfully prayed that this learned Court
may kindly be pleased to:

(i) Restrain the Respondents from Demanding the fine imposed in

Impugned Order dated 13.10.20 till the final disposal of the titled Appeal;

(ii) Suspend the illegal and unlawful Impugned Order dated

13.10.20 till the final disposal of titled Appeal;

(iii) Grant such other relief as may be deemed fit and just in all the
circumstances of the case.

Ad-interim relief may also be granted to the Applicant/Appellant.

Appellant

Through

Counsel

IN THE COURT OF DISTRICT JUDGE, LAHORE

 Civil Appeal No. _________ of 2023

Iqra Medical Complex through its Administrator

Muhammad Kanwal Saeed s/o Saeed Ahmad Akhtar,
5-A, Johar Town, Lahore
… Appellant

Versus

3. Punjab Healthcare Commission

through its Chief Operating Officer
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore

4. Additional Director Center Region

Punjab Healthcare Commission
Office 4th Floor, shaheen Complex,
38- Abbot road, Lahore …Respondents

(Civil Appeal)
________________________________________________________________________

Affidavit of Muhammad Kanwal Saeed s/o Saeed Ahmad Akhtar,

5-A, Johar Town, Lahore
________________________________________________________________________

I, the above named deponent, do hereby solemnly swear and affirm that the
contents of the accompanying interim relief application are true and correct to
the best of my knowledge and belief and that nothing has been concealed
therefrom.

Deponent

Verification:

Verified on oath on this 11 day of December 2023, at Lahore, that the contents of
the above affidavit are true and correct to the best of my knowledge and belief
and that nothing has been concealed or suppressed therefrom.

Deponent