Lahore High Court Directs Punjab Government to Ensure Free Medical Treatment for Advocates across all Government Hospitals

Islamabad 06-02-2025: The Lahore High Court, Rawalpindi Bench, in a landmark judgment [W.P. No. 1778 of 2024], has directed the Punjab Government to ensure free medical treatment for Advocates enrolled in the Punjab Bar Council or practicing in the province, reinforcing their entitlement to healthcare benefits equivalent to Government officers in BPS 17 and 18.  

The verdict, delivered by Mr. Justice Jawad Hassan, stems from a petition filed by Advocate Adnan Mughal, who alleged mistreatment and denial of medical services at District Headquarters Hospital, Rawalpindi. The Petitioner argued that such conduct violated his fundamental rights under Articles 9, 14, and 25 of the Constitution of Pakistan, 1973.   

During the proceedings, the Petitioner’s counsel emphasized that lawyers play a vital role in the administration of Justice and should be granted medical benefits on par with Government officers. The Punjab Primary and Secondary Healthcare Department, however, countered that free medical treatment for Advocates had already been notified via Notification No. SO(H&D)7-1/2018-(MISC), dated 21.05.2018.   

Mr. Justice Jawad Hassan noted that the Lawyers Welfare and Protection Act, 2023, particularly Section 11, explicitly provides that Advocates and their families are entitled to medical treatment equivalent to gazetted officers in Government and Semi-Government hospitals. The Court emphasized that this statutory provision must be fully implemented across Punjab.   

The judgment also reinforced the Doctrine of Sovereignty, stating that once a directive is issued by a competent authority, all subordinate institutions are legally obligated to implement it. Mr. Justice Jawad Hassan cited several precedents, including:  

1. Mst. Fatima Faryad Vs. Government of Punjab (2020 CLC 836). Emphasizing that Government commitments must be honored.  
2. Dewan Salman Fibre Ltd. Vs. Federation of Pakistan (2015 PTD 2304). Holding that Government policies, once enacted, cannot be disregarded.  

Furthermore, the Court reaffirmed the binding nature of Government notifications, stating that the Secretary of the Primary & Secondary Healthcare Department is responsible for ensuring compliance. The ruling referred to:  

1. Messrs Mustafa Impex, Karachi & Others Vs. Government of Pakistan (PLD 2016 SC 808). Establishing that Rules of Business are mandatory and binding on the Government.  
2. PIA Officers Cooperative Housing Society Ltd. Vs. Province of Punjab (2024 CLC 947). Clarifying that Secretaries must ensure policy execution.  

The Court disposed of the petition, issuing the following binding directives to the Punjab Government:  

1. All District Headquarters (DHQs), Tehsil Headquarters (THQs), and Rural Health Centers (RHCs) must provide free medical treatment to Advocates upon verification of their Punjab Bar Council membership card.  
2. The department must enforce the notification effectively and ensure compliance across Punjab.  
3. Lawyers on Government legal panels must receive medical benefits equivalent to officers in BPS 17 and 18.  
4. The Punjab Government must fully adhere to Section 11, ensuring Advocates and their families receive medical benefits equivalent to Government officers.  

The ruling has been widely welcomed by the legal fraternity, with prominent lawyers calling it a significant step toward ensuring the welfare of Advocates. Many see it as a precedent-setting decision that strengthens the legal profession’s standing in Pakistan.   

The judgment also underscores the State’s constitutional duty under Article 38(d) to provide healthcare and other basic necessities to all citizens, particularly professionals who contribute to the Justice System.  

The Punjab Government is now obligated to take immediate steps to implement the Court’s directives, ensuring that no Advocate is denied medical treatment at any Government hospital in the province.  

This decision marks a major legal victory for the legal community, setting a powerful precedent for Advocates’ welfare rights in Pakistan. The enforcement of this ruling will be closely monitored, with legal experts emphasizing that it paves the way for further legal protections for professionals contributing to the public interest.

Powered by Froala Editor