KARACHI: The Sindh High Court has directed the Secretary Health Sindh to appear before the court on September 25, 2026, in proceedings concerning the proposed shifting, relocation or substantial alteration of Services Hospital Karachi, as multiple constitutional petitions challenging the proposed project have been linked for hearing amid allegations of administrative actions against officials of the hospital after initiation of the litigation.
Constitution Petition No. D-5393 of 2026 came up for hearing on September 18. Advocate Abdul Qadir Leghari appeared for the petitioners, while Faizan H. Memon, Additional Advocate General Sindh, represented the provincial government. Dr. Syed Muhammad Khalid Bukhari, Medical Superintendent of Dr. Ruth K.M. Pfau Civil Hospital Karachi, and Dr. Waqar, AMS Civil Hospital Karachi, were also present.
At the outset, counsel for the petitioners filed an application under Order XVIII Rule 18 of the Code of Civil Procedure read with Section 151 CPC and sought issuance of notice. The application was taken on record. The court directed the office to assign a number to the application and thereafter issue notice to the other side.
During the proceedings, Additional Advocate General Sindh Faizan H. Memon submitted the proposed new building plan of the subject building. The court took the plan on record and a copy was provided to counsel for the petitioners.
The court specifically ordered that Respondent No. 2, Secretary Health Sindh, shall remain present on the next date of hearing, while MIT-II was directed to ensure compliance. By consent, the matter was fixed for September 25, 2026 at 10:00am.
Meanwhile, two other constitutional petitions, C.P. No. D-6073 of 2026 and C.P. No. D-6074 of 2026, also came before the Sindh High Court on September 18. Advocates Shah Muhammad Metlo and Ahsan Bari appeared for the petitioners in these matters.
The court granted the plea for urgency and exemption subject to all just exceptions. Notices were ordered to be issued to the Advocate General Sindh and the respondents with directions to file their respective comments.
Counsel for the petitioners informed the court that an identical petition, C.P. No. D-5393 of 2026, was already fixed for September 25 and requested that the two petitions be tagged with it. The court accepted the request and ordered C.P. Nos. D-6073 and D-6074 to come up on September 25 along with C.P. No. D-5393.
The broader litigation concerns the proposed shifting, relocation and/or substantial alteration of Services Hospital Karachi. One of the constitutional petitions has been filed by Raja Ansari, Advocate High Court, Muhram Ali Advocate High Court against the Province of Sindh through the Chief Secretary and other provincial authorities, including the Secretary Health, Secretary Planning and Development, Secretary Finance, Medical Superintendent Services Hospital Karachi and Medical Superintendent Dr. Ruth K.M. Pfau Civil Hospital Karachi.
The petition, filed under Article 199 of the Constitution, maintains that the dispute is not confined to a private or personal grievance but involves access to public healthcare for a large section of Karachi's population, utilisation of public funds, continuity of an established public hospital and the manner in which governmental authorities exercise public power.
According to the petition, Services Hospital Karachi has been functioning at its existing location for a considerable period and provides medical and healthcare facilities to the public. It states that the respondents are proposing or pursuing a project under which the existing arrangement or location of the hospital is to be shifted, relocated, substantially altered and/or replaced by a major project or tower.
The petitioner contends that implementation of such a proposal without a transparent and objective assessment of accessibility, feasibility, public necessity and its effect on existing patients could cause serious hardship and inconvenience to people dependent on the hospital.
The litigation has also brought into focus a series of administrative actions involving senior officials and staff of Services Hospital Karachi.
According to a Government of Sindh, Services, General Administration and Coordination Department notification dated September 11, 2026, Dr. Shumaila Suhail, Health Management Cadre, then posted as Medical Superintendent/Civil Surgeon of Services Hospital Karachi, was granted 30 days' earned leave from September 11 to October 10, 2026, or from the date of availing the leave within the stipulated period, on private affairs.
The same notification allowed Dr. Syed Muhammad Khalid Bukhari, Medical Superintendent of Dr. Ruth K.M. Pfau Civil Hospital Karachi, to look after the charge of Medical Superintendent/Civil Surgeon, Services Hospital Karachi, during the leave period of Dr. Shumaila Suhail.
Other administrative orders dated September 4, 2026, involved officials working at Services Hospital. According to the documents placed on record, Dr. Anita Aijaz, who was working as an Additional Medical Superintendent at Services Hospital Karachi, was transferred and directed to report under the competent authority, while Accounts Officer Wahabullah Yousufzai was transferred from Sindh Government Services Hospital Karachi and directed to report to the Health Department Secretariat with immediate effect until further orders.
The petitioners subsequently brought these developments before the Sindh High Court through a statement dated September 15, 2026.
In the statement, the petitioners alleged that after filing of the constitutional petition, the respondents had become reluctant and started taking adverse steps against the petitioner and members of his official staff. They alleged that these actions followed the filing of the petition and expressed apprehension about further coercive or adverse administrative measures.
The petitioners specifically referred to the September 11 notification placing Medical supretiendent services Hospital Dr. Shumaila Suhail on one month's earned leave and giving the additional charge of Services Hospital to Dr. Syed Muhammad Khalid Bukhari, MS Civil Hospital Karachi. They also referred to the September 4 transfers involving members of the Services Hospital staff.
The petitioners have questioned the circumstances and timing of these administrative actions and alleged that they were connected with the pending litigation. Any contention that Dr. Khalid Bukhari influenced or played a role in securing the leave or transfers remains an allegation requiring determination on the basis of evidence and has not been established as a fact by the court.
According to the petitioners' statement, the actions were allegedly unlawful and arbitrary and had been taken after filing of the constitutional petition. They expressed apprehension that further transfers or other adverse measures could be taken against the petitioner and persons connected with his official affairs.
The petitioners have sought protection against coercive or adverse action, maintaining that any further transfer of the petitioner to another district or place could cause serious prejudice and frustrate the purpose of the pending constitutional petition.
The petitioners stated that they had approached the court for protection of their lawful rights and sought to place the subsequent administrative developments on the judicial record.
As part of the wider backdrop, the main petition argues that the proposed project involves a major public healthcare institution and substantial public resources and, therefore, the decision-making process should be based on complete, independent, professional and properly informed administrative advice.
The petition also refers to an observation attributed to the Chief Secretary Sindh concerning finalisation of the Master Plan of Dr. Ruth K.M. Pfau Civil Hospital Karachi, stating that he was not part of the meeting to finalise the Master Plan. The petitioner argues that the observation raises questions regarding the process through which the relevant Master Plan and consequential administrative decisions were considered and finalised.
The petition, however, expressly states that it does not allege misconduct or mala fide against any individual merely on the basis of that circumstance and instead seeks judicial scrutiny of the legality, transparency, rationality and public-interest basis of the decision-making process.
It further states that proceedings concerning the proposed project and/or relocation have previously been the subject of proceedings or orders before the High Court and expresses apprehension that irreversible steps could adversely affect existing healthcare infrastructure and result in substantial expenditure from the public exchequer.
The petitioner maintains that before implementation of any irreversible project affecting an established public hospital, the authorities should examine whether it is lawful, rational, technically feasible, financially justified and in the public interest.
With the related petitions now tagged together, the matter is scheduled to return before the Sindh High Court on September 25, 2026, when the Secretary Health Sindh has been directed to personally appear before the court.
