The Sindh High Court (SHC) has disposed of two petitions challenging the procurement of robotic surgical systems for government hospitals, observing that the cases had become infructuous after the machines were installed and commissioned at the relevant health facilities.
A two-member constitutional bench, headed by Justice Yousuf Ali Sayeed, noted that the procurement process had already been completed and that the petitioner’s primary requests could therefore no longer be acted upon.
The bench further observed that allegations that the machines had been purchased at inflated prices involved questions of fact that could not be conclusively determined within the constitutional jurisdiction of the SHC.
The court said the petitioner could pursue the allegations before the relevant federal anti-corruption agency and, in case of inaction, seek an appropriate legal remedy.
Petitioner Khawar Mehmood Afridi had filed the two petitions in 2024, naming the chief secretary, health secretary, two private companies and others as respondents. He alleged that government funds had been misappropriated through illegal and irregular contracts for the supply of robotic surgical equipment to Liaquat University Hospital (LUH) and other public health facilities at prices allegedly higher than prevailing market rates.
The petitioner had sought cancellation of the procurement process and requested directions for the purchase of essential machinery and equipment to upgrade public medical facilities.
According to the court’s order, the petitions concerned the procurement of robotic surgical systems for government hospitals, with the petitioner alleging that the equipment had been acquired at exaggerated prices, causing a loss to the public exchequer.
The bench noted that a complaint regarding one of the procurements had already been submitted to the Director General of the National Accountability Bureau (NAB). It also observed that the machines had since been received, installed and commissioned at the concerned hospitals.
The court further held that determining whether the equipment had been procured at inflated prices required an assessment of facts and evidence, which could not be conclusively undertaken in constitutional proceedings.
The petitioner had earlier claimed that the robotic systems were valued at $37,500 per unit in import documents but were allegedly being purchased by the Sindh government for more than $1.5 million each, potentially allowing the supplier a profit margin exceeding 1,500 per cent.
He had also argued that the actual cost of the robotic surgical systems was significantly lower than the price quoted in the tender by the alleged successful bidder.
The medical superintendent of LUH, however, disputed the allegations in comments submitted to the court, stating that the price of the robotic surgical systems had been determined by the provincial government after completion of the required legal and procedural formalities.
