Law: Pakistan Penal Code, 1860

Section: 321

Law: Punjab Healthcare Commission Act, 2010

Section: 3,4,19,28

Law: Constitution of Pakistan, 1973

Section: 13

Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B,154,173,403

(a) Penal Code (XLV of 1860)--- ----S. 321---Qatl-bis-Sabab---Mens Rea---Applicability---In order to attract mischief of Qatl-bis-Sabab attribution of mens rea to wrongdoer is not condition precedent and instead, actus reus of such person is made culpable. Chairman Pakistan Railway Government of Pakistan v. Shah Jehan Shah PLD 2016 SC 534 rel. (b) Words and phrases--- ----"Unlawful act"---Defined. Black's Law Dictionary, Ninth Edition rel. (c) Penal Code (XLV of 1860)--- ----S. 321--- Qatl-bis-Sabab--- Medical negligence--- Criminal proceedings---Preconditions---For initiating criminal proceedings in cases of medical negligence, complaining person is required to show that death was due to gross negligence or recklessness of doctor. Dr. Suresh Gupta v. Government of NCT Delhi and another AIR 2004 SC 4091 and Montgomery v. Lanarkshire Health Board 2015 SCMR 663 rel. (d) Criminal Procedure Code (V of 1898)--- ----Ss. 22-A, 22-B & 403---Punjab Healthcare Commission Act (XVI of 2010), Ss.3, 4, 19 & 28---Constitution of Pakistan, Art.13---Medical negligence---Direction by Ex-officio Justice of Peace to register case against petitioners---Maxim: Nemo debet bis puniri pro uno delicto---Double jeopardy, principle of---Applicability---Petitioners were medical practitioners who were alleged to have committed professional negligence resulting into death of brother of complainant---Plea raised by petitioners was that they had faced inquiry under Punjab Healthcare Commission Act, 2010 therefore, order passed by Ex-Officio Justice of Peace for registration of case amounted to double jeopardy---Validity---Petitioners faced proceedings under Punjab Healthcare Commission Act, 2010 and on strength of which it was projected that criminal case would amount to double jeopardy---Such was not correct exposition of double jeopardy as enshrined in Art.13 of the Constitution as well as in S.403, Cr.P.C.---Rule of doubt jeopardy had its roots in maxim Nemo debet bis puniri pro uno delicto which stood for 'No one should be subject to peril twice for the same offence---Plea either of autrefois acquit or of autrefois convict would arise only if a person was acquitted or convicted…

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