Muhammad Asghar son of Muhammad Anwar, writ petitoner is said to have been injured by _Atiq- ur-Rehman respondent No,6, Rana Zahid, Rana Babar, Rana Hashmat Khan, Rana Dilshad Khan and four unknown persons regarding which occurrence F.I.R. No, 58 dated 1-1-1995 was registered under section 324/148/149, P.P.C. At Police Station Phoolnagar, District Kasur. The case was under investigation. However, the police officers arrayed as respondents Nos.3 to 5 with the help of Dr. Ghualm Murtaza, Incharge Civil Hospital, Phoolnagar and Ghulam Sabir, Sabri Medical Officer Civil Hospital, Phoolnagar respondents Nos. 1 and 2 are said to have obtained Medico-Legal Report No,38, dated 1-2-1995 pertaining to Rana Atiq-ur-Rehman respondent No,6 accused of the aforesaid crime case who thereafter registered Crime Case No,61, dated 2-2-1995 under section 324/337-A(ii)(v) of the Pakistan Penal Code and under section 13 of the Arms Ordinance, 1965. The writ petitioner alleged that the aforesaid Medical Officers (respondents Nos.1 and 2) prepared the false and bogus medico-legal report pertaining to Rana Atiq-ur-Rehman accused/respondent No,6 of the initial F.I.R. And as such Rana Atiq-ur-Rehman respondent No,6 alleged injured was liable to be re-examined medically by the Police Surgeon, Punjab, Lahore. He expressed that all was done with the political influence. Consequently the writ petitioner prayed for the reexamination of Rana Atiq-ur-Rehman respondent No,6 alleged injured either by the Police Surgeon, Punjab, Lahore or by the Medical Board to be constituted by this Court for further proper legal action.
2. I have heard the preliminary arguments addressed by the learned counsel for the petitioner who mainly canvassed that the medical re-examination of Rana Atiq-ur-Rehman respondent No,6 either by the Police Surgeon, Punjab, Lahore or by the Medical Board to be constituted by this Court is necessary to reach at the right conclusion as false medico-legal report pertaining to him has been issued by the Medical Officers, Civil Hospital, Phoolnagar (respondents Nos. 1 and 2). In this regard I have to express that no order as required and desired by the writ petitioner need be passed as in matters of the instant nature the Government of the Punjab Health Department has issued the policy letter constituting permanent District Medical Boards for re-examination for second medical opinion. However, District Medical Boards can only examine such cases on the judicial orders of the District Magistrate.
3. Following two letters have been issued in this regard:--"NO. SO(H&D)6-1/90 GOVERNMENT OF THE PUNJAB HEALTH DEPARTMENT Dated Lahore the 12th February, 1990 To'
The All District Magistrates in the Punjab SUBJECT: CONSTITUTION OF SPECIAL MEDICAL BOARD FOR RE-EXAMINATION/RE-POST-MORTEM Government has been constituting various medical boards for 2nd opinion from time to time. It has been noticed that this practice not only consumes lengthy procedures but also leads to unnecessary litigation.
It has, therefore, been decided to constitute the following permanent District Boards for re- examination/re-post-mortem for 2nd medical opinion. The judicial officers may be advised to approach the relevant Boards whenever required. However, such orders may be passed within three weeks of the first examination. The opinion of the respective Boards shall be final:The Board shall only examine such cases on the judicial orders of the District Magistrate.
DISTRICT LEVEL(1) Medical Superintendent, D.H.Q. Hospital (concerned District). Chairman (2)District Health Officer (concerned District) Member (3)Surgeon (D.H.Q.) (concerned District) Member FORLAHORE (1)Surgeon Medico-Legal, Punjab Chairman (2)Senior Assistant Professor of Forensic Medicine, King Edward Medical College, LahoreMember (3)District Health Officer, Lahore Member (Sd.)
Dr. Abdul Raouf, Section Officer (H&D) for Secretary Health.
NO. AND DATE EVEN A copy is forwarded for information and necessary action to:--
(1) The Director-General Health Services, Punjab.
(2) All Directors, Health Services in the Punjab.
(3)All Medical Superintendents, Teaching/D.H.Q. Hospitals in the PunjabA copy of the opinion be sent to this (4)The Surgeon Medico-Legal, Punjab, Lahore Department for information (Sd.)
Dr. Abdul Raouf, Section Officer (H&D).
NO.SO(H&D) 6-/90 GOVERNMENT OF THE PUNJAB HEALTH DEPARTMENT Dated Lahore, the 8th February, 1992.
To All the District Magistrates in the Punjab SUBJECT: CONSTITUTION OF SPECIAL MEDICAL BOARD FOR RE-EXAMINATION/RE-POST-MORTEM.
In continuation to this department letter of even number dated 12-2-1990 on the above subject.
It is clarified that if the re-examination orders have been passed by the District Magistrate concerned as a Judicial Officer after three weeks of first examination they will supersede instructions issued by Health Department.
(Sd.)
Section Officer (H&D) for Secretary Health.
NO. AND DATE EVEN A copy is forwarded for information and necessary action to:
(1) The Director-General Health Services, Punjab, Lahore.
(2) All the Directors Health Services in the Punjab.
(3) All the Medical Superintendents, Teaching/D.H.Q. Hospitals in the Punjab.
(4) Surgeon Medico-Legal, Punjab, Lahore.
(Sd.)
Dr. Abdul Raouf, Section Officer (H&D).
4. In the aforesaid letter dated 12-2-1990 the maximum period for medical re-examination was fixed as three weeks which stands enhanced to indefinite period vide letter dated 8-2-1992. The wisdom behind the issuance passed by the District Magistrate as a Judicial Officer for medical re- examination and in this regard he has to hear the adverse party interested in the matter and issue/pass the order containing the facts of the dispute, his reasons and his final decision thereof.
The permanent District Medical Boards for re-examination/re-postmortem for second medical opinion have been constituted in all the Districts in the Province of the Punjab and indulgence of this Court through the issuance of the writ for proposed relief is uncalled for. The petitioner can invoke the assistance of the District Magistrate, Kasur on the judicial side. It shall not be out of place to express that even though the time of three weeks from first medical examination stands enhanced vide aforesaid policy letter dated 8-2-1992 I would observe and hold that the same should be reasonable according to the discretion of the District Magistrate keeping in view the fact that the injuries on the person of injured to be medically re-examined are healed with the passage of time.
5. The writ petitioner can proceed in accordance with law in the light of the aforesaid policy letters and it is held that due to the availability of the aforesaid efficacious remedy this petition is not maintainable.
6. For what has been said above, I dismiss this writ petition in limine.