LHC restores Rs3m fine on man for unauthorised allopathic treatment

Justice Munawar Iqbal Dogar issued a 10-page judgment on a petition filed by the Punjab Healthcare Commission, declaring the Faisalabad district judge’s decision to set aside the fine void.

The court held that the PHC’s hearing committee is legally empowered to impose fines under the relevant law., possessing a dispenser’s certificate does not authorise a person to independently provide allopathic treatment. Similarly, a drug sale licence only permits the sale of medicines and does not authorise its holder to administer injections or provide medical treatment to patients.

The court noted that used syringes and injections were recovered during action against the person, while his admission of administering injections was also on record. In view of this evidence, the court held that the PHC’s proceedings and imposition of the fine were lawful.

Justice Munawar Iqbal Dogar observed that proving unauthorised medical treatment does not necessarily require the patient to be produced before the court or a prescription to be recovered. Action can also be assessed on the basis of other available evidence and records.

The judgment further stated that the PHC hearing committee is the competent authority to impose the fine and that the relevant laws provide it with such powers. The court also held that if a fine is paid without protest, an appeal against the penalty is no longer maintainable.

The Lahore High Court consequently set aside the Faisalabad district judge’s decision and restored the Rs300,000 fine imposed by the Punjab Healthcare Commission on June 22, 2021