IN THE LAHORE HIGH COURT, LAHORE.
· Bashir Ahmad S/O Baba Shehbaz R/O Ayya-Pur, Tehsil Shariqpur, District Sheikhupura.
· Tanveer Butt S/O Akram Butt R/O Ayya Pur, Tehsil Shariqpur, District Sheikhupura.
· Government of the Punjab, through Secretary Health, Lahore.
· Standing Medical Board in respect of re-examination Dated:02.10.2014, through its Chairman Dr.Mubasher Ahmad, MS, DHQ, Hospital, Sheikhupura.
· Dr.Nadeem Sohail District Officer Health Sheikhpura (Member of Standing Medical Board).
· Dr.Khawar Rafique, consultant Surgeon, DHQ Hospital, Sheikhupura (Member of Standing Medical Board).
· Dr.Khadim Hussain, DMS/DMLO, DHQ Hospital, Sheikhupura. (Tech. Member of Standing Medical Board).
· The State.
UNDER ARTICLE 199 OF CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973 FOR SETTING-ASIDE RE-EXAMINATION REPORT NO.10774-80 DATED:16.10.2014 (OF PETITIONER NO.1) AND REPORT NO.10535-41 DATED:10.10.2014 (OF PETITIONER NO.2) ISSUED BY RESPONDENTS NO.2/STANDING MEDICAL BOARD.
· That addresses of the parties given in the head note of writ petition are correct for the proper service of process of this Honourable Court.
· That the brief facts giving rise to file the this writ petition are that petitioners are respectable, law abiding citizen of Pakistan, farmer by profession. On 11.08.2014 accused/culprits Asif, Aatif, Kashif sons of Saeed Ahmad, Ahsan Tufail son of Muhammad Tufail alongwith one unknown accused were committing theft of bricks of petitioner No.1 (installed/affixed in the street) who were restrained due to which accused persons became annoyed gave beatings to petitioners, accused persons took out their weapons, created terror, petitioners just to save their lives, entered into their own house, closed the door but the accused persons by committing tress-pass entered into the house caused serious injuries to petitioners with their respective weapons, in this regard criminal case FIR No.546/14 dated:12.08.2014 offence U/S 452/379, 337/A-1, 337F-1, 148/149 PPC was lodged at Police Station Shariqpur Sharif, District Sheikhupura on the complaint of petitioner No.1. Copy of FIR is attached as Annexure……. “A”.
· The petitioners were medically examined on same day vide MLC No.2196/14 and MLC No.2195/14 respectively whereby the concerned doctor declared the injuries. The injuries No.1 & 3 sustained to petitioner No.1/Bashir Ahmad were kept under observation/KUO for X-Ray whereas Injury No.2 was declared as 337/A-1 PPC. The 3- Injuries sustained to petitioner No.2/Tanveer Butt, out of which Injury No.1 was kept under observation/KUO for X-Ray whereas Injuries No.2 & 3 were declared as 337/F-1 PPC, subsequently injuries No.1 & 3 sustained to petitioner No.1/Jamal Din were declared as U/S 337/F-5 PPC vide report No.5792-94 dated: 21.08.2014
whereas injury No.1 sustained to petitioner No.2/Tanveer Butt was declared as 337/A-2 PPC vide report No.5795-96 dated:21.08.2014. Copies of MLCs are attached as Annexure……“B” & “B/1” respectively.
· That the accused/culprits moved an application for constituting medical board for re-examination of injured/petitioners before the learned Magistrate and obtained dated:28.08.2014 through misleading. The medical board was constituted, comprising upon respondents No.2 to 5. The accused/culprits joined hands with respondents No.2 to 5 who submitted reports/opinions as per wishes and accord of accused persons vide reports No.10774-80 dated:16.10.2014 (regarding petitioner No.1/Bashir Ahmad), relevant is reproduced as under:-
Opinion: In the light of the data on record, observation on re-examination, the standing medical board is of the unanimous considered opinion that:-
· About injury No.1, board agrees with the opinion/report of 1st Examining Medical Officer.
· About injury No.3, possibility of manipulation by friendly hand can-not be ruled out as the injury located at non vital and accessible part of body.
· About injury no.2, no opinion can be expressed at this stage as there is no mark of violence present at the time of re-examination,
Whereas impugned report No.10535-41 dated:10.10.2014 (regarding petitioner No.2/Tanveer Butt) is as under:-
· About injury No.1, possibility of manipulation by friendly hand can-not be ruled out as the sear is superficial, in a straight transverse line, did not damage the underlying visceras after having such a big injury, on accessible part of body and having tailing/tapering on both ends.
· About injury No.2, board agrees with the opinion report of 1st Examining Medical Officer.
· About injury No.3, no opinion can be expressed at this stage as there is no mark of violence present at the time of re-examination.
The respondents No. 2 to 5 prepared impugned reports just to provide undue favour illegal shelter to accused persons which is
evident from the impugned reports. Copies of impugned reports are attached as Annexure……. “C” & C/1 respectively.
· That impugned reports are against the fact and record, same have been prepared by respondents No.2 to 5/standing medical board, just to provide undue favour/illegal shelter to accused persons, which are liable to be set-aside/recalled by interference of this honourable court, inter-alia on the following amongst other:-
· That the petitioners were medically examined on the day of occurrence i.e. 11.08.2014, concerned medical officers declared some injuries on same days whereas some injuries were kept under observation/KUO regarding which reports/opinions were given on 21.08.2014 whereby injuries were declared as 337/A-2, 337/F-5 PPC and 337/F-1 & 337/A-2 PPC respectively whereas the respondents No.2 to 5 due to joining hands with accused persons prepared impugned reports/opinions as per wishes and accord of accused persons after long delayed period which has no value in the eyes of law, therefore impugned reports are illegal,
against the facts and record, very much liable to be set-aside/recalled by interference of this honourable courts.
· That the respondents No.2 to 5/Standing Medical Board merely changed the injuries which do not fall under prohibitory clause were not changed just to provide undue favour / illegal shelter to the accused persons which clearly evident from the impugned reports, therefore impugned opinions are liable to be set-aside / recalled, having no value in the eyes of law.
· That the highhandedness of respondents No.2 to 5/Standing Medical Board was also recorded before Electronic Media but the state functionaries have not taken any action. Copies of photographs are appended as Annexure…… “D”.
· That the malice and malafide on the part of respondent No.2/Standing medical board as well as joining hands with the accused persons is also depicting from impugned reports that the respondent No.2/Standing Medical Board re-examined petitioner on 02.10.2014 and 17.09.2014 whereas impugned reports/opinions were prepared on 16.10.2014 and 10.10.2014, (respectively), hence impugned reports/opinions have no value in the eyes of law, same are liable to be set-aside/recalled, declared null and void by interference of this honourable court.
· That other grounds available to be petitioners shall be submitted at the time of final arguments.
· That the petitioners on receipt of impugned reports prepared by respondents No . 2 to 5 by joining hands with accused persons , immediately approached the respondent No.1 alongwith written application for setting-aside impugned reports of respondent No.2/Standing medical board and to initiate proceedings against the respondents No.2 to 5 but the grievance of the petitioners has not been redressed so far. Copy of application submitted to respondent No.1 is attached as Annexure…… “E”.
· That the petitioners have no other adequate, efficacious or speedy remedy except to invoke the extra ordinary
constitutional jurisdiction of this Honourable Court to redress their grievance, hence this petition.
Under the circumstance expounded above it is, most respectfully prayed that the petition in hand may very kindly be accepted and the impugned reports bearing No.10774-80 dated:16.10.2014 (regarding petitioner No.1) and Report No.10535-41 dated:10.10.2014 (in respect of petitioner No.2) issued by Respondent No2./Standing Medical Board comprising of respondents No.2 to 5 may graciously be set-aside/recalled being illegal, against the facts and record, as same is product for ulterior motives/just to operation of impugned reports may kindly be suspended and it would be in the supreme interest of justice.
It is further prayed that Respondent No.1 may kindly be directed to constitute a provincial medical Board for re-examination of the petitioners to meet the ends of justice.
Any other relief to which this Honourable Court deems fit and appropriate may also be awarded.
(MUDABER HUSSAIN QURESHI)
Advocate High Court
C.C.No.P-LH-00000 Umar Arcade 4th Floor
Jain Mandir Stop, Lahore.
· As per instructions, this is first petition on the subject before this Honourable court.
· There is no adequate and speedy remedy available to the petitioners except to invoke the constitutional jurisdiction of Honourable Court.
IN THE LAHORE HIGH COURT, LAHORE.
Bashir Ahmad Vs Govt. of the Punjab, etc.
of Bashir Ahmad son of Baba Shehbaz, resident of Ayya-Pur, Tehsil Shariqpur, District Sheikhpura.
I, the above named deponent do hereby solemnly affirm and declare as under:-
That the averments as contained in the accompanying petition are correct and true to the best of my knowledge and belief.
Verified on oath at Lahore on 24.10.2014 that the contents of this affidavit are correct and true to the best of my knowledge and belief.