Case Details

Citation(s)
2016 SLG 3193 2016 SLD 3193 2016 MLD 1229
Sindh High Court
C.P. No. S-1925 of 2013, heard on 28th September, 2015.
SHAHNAWAZ TARIQ, JUSTICE
Amanullah G. Malik for Petitioner. Agha Athar Hussain, A.A.G. for the State.

SYED GHULAM SHAH - er

VS

GOVERNMENT OF SINDH THROUGH SECRETARY HEALTH DEPARTMENT, KARACHI AND 2 OTHERS --RespondentS

Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 324, 337-A(i), 337-F(i), 504, 114, 148 & 149 --------- -Pakistan Arms Ordinance (XX of 1965), S. 13 (d) --------- Attempt to commit qatl-i-amd; shajjah-i-khafifah; ghayre jaifah damihah; abettor present when offence committed; abetment; common object --------- Unlicensed possession of arms --------- Petitioner, having sustained injuries, lodged FIR and was examined by Medico-legal Officer, who had issued medical certificate --------- Petitioner, subsequently, was re-examined by Special Medical Board, which issued its opinion, against which the petitioner filed application before Director General Health for constitution of Super Medical Board, which was dismissed with the advice to approach the Trial Court for the same --------- Validity --------- Director General Health had already constituted Special Medical Board; therefore, issuance of direction to him to re-constitute Super Medical Board would not serve any useful purpose, as opinions of the Medico-legal Officer and Special Medical Board, already available on record, were controverting the ocular account of prosecution --------- Petitioner had not approached the Trial Court for issuance of any direction instantly after issuance of letter of refusal, and after three months whereof he had filed present petition --------- Such lethargic demeanour reflected that petitioner was not vigilant, cautious and serious for the relief claimed through present petition and had not come to the Court with clean hands --------- Constitutional petition was, therefore, dismissed in circumstances. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---------- Petitioner Syed Ghulam Shah through instant petition has invoked the Constitutional jurisdiction of this Court under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, and prayed to direct respondent No. 2, Director General Health, Supra Luma, Hyderabad, to constitute Super Medical Board at Hyderabad or Karachi in order to ascertain the truthfulness of Medico-Legal certificate issued by MLO and opinion of Special Medical Board, Larkana. 2. The relevant facts spelt out from instant petition are that…
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