IHC Suspends Order Blocking Pims Fire FIR Plea
The Islamabad High Court on Tuesday revived the Pims fire FIR plea, suspending a Justice of the Peace order that had dismissed an application for a first information report into the neonatal fire tragedy at the Pakistan Institute of Medical Sciences. The court also directed the authorities to submit the complete record, along with the inquiry report, and it issued notices to the respondents, including the federal government and the Prime Minister’s Office.
Justice Khadim Hussain Soomro heard a petition filed by lawyer Riaz Hanif Rahi on behalf of The Jurists Foundation of Pakistan. The judge said he would call for all reports and summon all evidence. He added that if any negligence came to light, he would order the registration of a case against those responsible.
The August 26 fire at a nursery in the Mother and Child Hospital at Pims claimed the lives of 14 newborns. The tragedy raised serious questions about fire safety at the hospital, and it led to calls for accountability, with criminal action ordered against eight officials.
Pims fire FIR plea: why no case was registered
The petition seeks the registration of an FIR over the deaths of 14 newborns in the fire at the Gynaecology Ward and Special Care Centre of the Mother and Child Hospital. The petitioner alleged that the incident was caused by gross negligence, including the absence of staff from a ward that had reportedly been locked to prevent theft.
Counsel told the court that no FIR had been registered in the deaths to date. When the judge asked whether an inquiry had been conducted, Rahi replied that the inquiry report had established negligence. He urged the court to direct the registration of an FIR before the end of the court’s working hours.
The delay, counsel explained, came from the Justice of the Peace. That officer had dismissed his application on the grounds that petitions relating to the matter were already pending before the high court. Rahi argued that, apart from him, no one else had approached the police station seeking the registration of a case, and that an FIR should have been registered.
He put the point in direct terms to the court. He said he had gathered a large amount of evidence, and he asked where he was supposed to take that evidence if an FIR was not registered.
Justice Soomro, however, kept the hearing focused on legal arguments. When counsel narrated details of the tragedy, the judge remarked that he was veering off track and asked him to present legal arguments pertaining to the case. Earlier in the hearing, counsel had quoted a remark about 14 children being burned at the same time, and the judge asked him to restrict his submissions to the legal aspects.
The inquiry record the court has now demanded
On August 28, Prime Minister Shehbaz Sharif ordered an inquiry against eight Pims officials over alleged negligence in addressing fire safety deficiencies. The report alleged that the officials failed to take timely corrective measures despite being alerted to safety shortcomings, and that the tragedy could have been prevented.
Feature Pakistan earlier reported on that inquiry process: Pims Officials Face Probe Over Fire Safety Failures. Tuesday’s order builds on that history, because the court has now demanded the complete record and the inquiry reports themselves, rather than relying on summaries or second-hand accounts.
The hearing was adjourned until November 12. By that date, the respondents must submit their replies and the record must be before the court.
What else the petition asks for
The petition, filed under Article 199 of the Constitution, goes beyond the FIR itself. It also seeks directions for the respondents to compensate the victims’ families under Section 323 of the Pakistan Penal Code.
Section 323 deals with punishment for causing hurt, and the petition uses it as the legal basis for compensation. That is a separate question from criminal liability for the fire itself, and the court will need to decide whether compensation can be ordered in this form of petition.
The petition further asks the court to restrain government medical staff, including doctors, from engaging in private practice, particularly at commercial establishments, unless permitted under a validly framed law. It also asks the court to direct the Islamabad Healthcare Regulatory Authority to include individuals such as Dr Khaliq-uz-Zaman in its governing body, and to ensure that the relevant institutions meet ISO standards.
The case sits alongside other court and health decisions, including the Supreme Court’s gross negligence test for doctors, Punjab hospitals’ emergency panic buttons, and the ruling that civil servant private conduct can be misconduct.
Frequently asked questions
What did the Islamabad High Court decide in the Pims fire FIR plea?
The court suspended the Justice of the Peace order that had dismissed the FIR application, and it directed the authorities to submit the complete record and inquiry report.
How many newborns died in the Pims fire?
Fourteen newborns died in the August 26 fire at a nursery in the Mother and Child Hospital at Pims.
Why was no FIR registered earlier?
Counsel told the court that the Justice of the Peace had dismissed his application because petitions on the matter were already pending before the high court, and that no one else had approached the police station seeking a case.
When is the next hearing?
The hearing was adjourned until November 12, by which time the respondents must file their replies and the record must be before the court.
What else does the petition seek?
It seeks compensation for the victims’ families under Section 323 of the Pakistan Penal Code, along with wider directions on private practice, hospital standards, audits, wiring, and neonatal unit design.
