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SHC orders to establish mental health authority

Staff Report

KARACHI: Justice Khilji Arif Hussain and Justice Dr Qamaruddin Bohra the Sindh High Court (SHC) directed the federal and Sindh governments to establish a Federal Mental Health Authority (FMHA) and Board of Visitors (BoV), stating that it has become mandatory upon them to do so.

Deciding a constitutional petition filed by senior members of the Mental Health Association of Pakistan (MHAP), including Dr Haroon Ahmed, Dr Muhammad Suleman, Salamat Kamal and Anis Haroon, against the federal and provincial health department secretaries, the bench observed that the Mental Health Ordinance was promulgated in 2001 and thus the establishment of FMHA and the BoV is a requirement of law.

In its judgment, the bench said that the issue needs consideration on a priority basis and that it had disposed of the petition with the direction to respondents to constitute the FMHA, as required under section 3 and BoV as required under section 4 of the MHO 2001, within two months from the date of the order. The bench also ordered that the issue of powers to magistrates under the MHO 2001 be placed before the Chief Justice ‘for issuance of the necessary directions to empower Judicial Magistrates of the First Class to perform functions and exercise all powers of Magistrates available under the said ordinance.’

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