2020 CLC 937 | W.P. No. 4802-P of 2017 | Decided on 13 November 2019

In this significant writ petition filed  before the Peshawar High Court, Mr. Saifullah Muhib Kakakhel, Advocate Supreme Court, appeared as the petitioner in a matter concerning healthcare regulation, laboratory fee control, and anti-quackery enforcement in Khyber Pakhtunkhwa. The case resulted in a reported judgment that strengthened the implementation of the Khyber Pakhtunkhwa Healthcare Commission Act, 2015 and clarified the statutory responsibilities of the Healthcare Commission toward patients across the province.

The petition was filed under Article 199 of the Constitution of Pakistan, raising critical public interest concerns regarding the regulation of private laboratories and medical fees in Khyber Pakhtunkhwa. It sought judicial directions for the regulation of laboratory test rates, establishment of a uniform healthcare fee structure across public and private sectors, mandatory public display of approved laboratory rates, strict enforcement against fake doctors and medical quackery, and effective implementation of the statutory duties of the Healthcare Commission. Despite the establishment of the Commission, private laboratories and clinics were charging arbitrary and excessive fees, while regulatory measures to curb quackery remained inadequately enforced.

The Honourable High Court held that the Healthcare Commission bears a mandatory statutory duty to regulate healthcare establishments and ensure that medical and laboratory charges are not exploitative. The Court emphasized that regulatory authority extends to maintaining transparency, ensuring reasonable fee structures, and safeguarding quality standards in healthcare services. It further observed that the Commission could not indefinitely delay the implementation of its statutory obligations, and that protection of patient rights and public interest lies at the heart of the governing legislation.

Allowing the constitutional petition, the Court directed the Healthcare Commission to fix laboratory rates in consultation with the Health Department, Government of Khyber Pakhtunkhwa, and to complete the regulatory process within a reasonable time, preferably within three months.

This reported judgment stands as an important milestone in healthcare governance in Khyber Pakhtunkhwa. It strengthened regulatory oversight of private medical establishments, promoted transparency in laboratory charges, reinforced institutional accountability, and advanced public interest litigation in Pakistan. Above all, it contributed meaningfully to the protection of patient rights and the development of healthcare regulatory jurisprudence in the province.