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2023 CLC 1086

Abdul Qadir vs Province of Sindh through Secretary Health Department

Citation2023 CLC 1086
CourtSindh High Court
Case No.C.P. No.D-5363 of 2022
Date2022-09-16
Judge(s)Yousuf Ali Sayeed, Ahmed Ali M. Shaikh (C.J)
ResultPetition dismissed

ORDER

1. YOUSUF ALI SAYEED, J. The Petitioner seeks the constitution of a Medical Board by the Secretary of the Health Department, Province of Sindh, for examination of the Respondent No.5 so as to ascertain his mental unfitness as a precursor to his confinement in a mental facility.

2. Apparently, the Petitioner and his wife had adopted the Respondent No.5 as their son, but had subsequently disowned him after which he is said to have started harassing them along with other so-called `Gunda elements', prompting them to file Criminal Miscellaneous Application No.1840 of 2022 before the Court of the learned Justice of Peace/VIIth Additional District and Sessions Judge, Karachi South seeking the registration of an FIR.

3. That Application came to be dismissed vide an Order dated 19.08.2022, which was never assailed, and the instant Petition has been preferred for the aforementioned purpose - that too without any steps having otherwise been taken by the Petitioner for seeking appropriate relief under the Sindh Mental Health Act, 2013.

4. As such, we are of the view that the Petition is not maintainable as recourse to Article 199 would not lie under the given circumstances. That being so, while granting the application for urgency we hereby dismiss the Petition in limine along with the pending miscellaneous application. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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