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1990 P Cr. L J 1005

MUHAMMAD BASHIR vs S.H.O., POLICE STATION SADDAR, KAMALIA and

Citation1990 P Cr. L J 1005
CourtLahore High Court
Case No.Criminal Miscellaneous No, 235/B of 1990
Date1990-01-30
Judge(s)Falak Sher
ResultOrder accordingly

ORDER

1. On 21-1-1990 allowing ad interim pre-arrest bail to the petitioner in the case registered vide F.I.R.

2. No,11 of 17-1-1990, under section 302, P.P.C. At Police Station Sadar, Kamalia, he was specifically directed to appear on the next date of hearing: viz. 27-1-1990, who, having availed of the extraordinary concession, instead of putting in appearance, through his learned counsel submitted a medical certificate dated 25-1-1990, issued by Dr. Nasir Ahmad Chaudhary, Medical Officer In charge P.H.C. Dijkot certifying that the petitioner is suffering from severe chest pain, for which he has been admitted at the Centre as an indoor patient and is advised strict bed rest till recovery.

3. Entertaining serious doubts as to its genuineness, Medical Superintendent, D.H.Q. Hospital, Faisalabad was directed to have the patient removed from the centre to his hospital under police escort, and have him examined by a medical hoard comprising Professor of Cardiology and Professor of Medicines of the Punjab Medical College, Faisalabad, report whereof was desired to be submitted by 30-1-1990, which did not mature into reality, because reportedly the petitioner on the same day abandoned the Centre and vanished away, which event has affirmed my impression, leading to an irresistible conclusion that the information furnished through the medical certificate referred to supra was false, and the same was procured/manufactured with a view to hoodwinking the process of law, because had the ailment been genuine then the petitioner's disappearance is neither understandable nor called for, rather he should liave been too pleased to avail of better medical facilities and care at a more suitable equipped place under the supervision and attention of specialists of a teaching, hospital. Furthermore, had the sickness been so acute and severe as certified by the doctor, then instead of lodging him at the centre, he should have been referred to a specialist for diagnostic tests and treatment. To the contrary, very conveniently, reasons whereof are not difficult to comprehend, the doctor over enthusiastically issued him a blank cheque of indeterminate leave of rest, which in the context of things, prima facie, tantamount to not only fabricating false document likely to be used in judicial proceedings, which tendency seems to be on the increase, but also, interfering with the administration of justice and harboring an offender.

4. ' In view of the foregoing, the Investigating Officer seized of the matter, out of which these proceedings have emanated, is directed to register a case against them and proceed in accordance with law.

5. ' A copy of this order should also be sent to the Secretary, Health, Government of the Punjab, with a view to inquiring into the doctor's conduct as to whether he deserves to remain in the public service or not; result whereof should be reported to the Registrar of this Court.

6. Recalling the interim order, this petition is disposed of in the above

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