FCC receives its first public interest petition

Police officers walk past the Supreme Court of Pakistan building in Islamabad, Pakistan April 6, 2022. REUTERS

ISLAMABAD:

The first public interest petition following the 27th Constitutional Amendment has been filed with the Federal Constitutional Court (FCC) under Article 175A(3).

The petition, filed by advocate Taqweem Shah through senior advocate Hafiz Ahsaan Ahmad Khokhar, seeks to halt the construction of a flyover allegedly being built on land belonging to Balochistan Institute of Nephro-Urology (Binuq) on Sariab/Samungli Road in Quetta.

It is requesting the court to immediately halt the project, alleging that the flyover is being built adjacent to, and partly on, the hospital’s land without lawful acquisition or compensation under the Land Acquisition Act, 1894, thereby violating the constitutional right to property under Articles 23 and 24.

Binuq is the province’s only specialized kidney hospital that treats patients from Quetta and remote districts, and the ongoing construction has created serious risks for patients by disrupting ambulance access, emergency services and dialysis operations due to heavy machinery, dust and noise, it said.

The petition further states that the hospital administration had earlier approached the Balochistan High Court (BHC) which granted interim relief, but the case was allegedly withdrawn on December 10, 2025 under pressure.

According to the petition, the hospital had proposed construction of an underpass as an alternative. The Government of Balochistan and the Works and Services Department have been made respondents in the case.

Balochistan’s health infrastructure remains one of the weakest in Pakistan, shaped by chronic underinvestment, difficult geography and long-standing management challenges.

Large distances between dispersed populations mean that access to basic health care is often limited to poorly equipped basic health units and health centers in rural areas.

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