Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2024 SHC 1121. In this matter between Const. P. 1019/2024 (D.B.) Sindh High Court, Circuit at Hyderabad - Ghulam Mustafa (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 1019/2024 (D.B.) Sindh High Court, Circuit at Hyderabad CITATION: 2024 SHC HYD 1121 PARTIES: Ghulam Mustafa (Petitioner) ORDER DATE: 05-SEP-24 BENCH: Hon'ble Chief Justice Mr. Justice Zafar Ahmed Rajput(Author), Hon'ble Mr. Justice Amjad Ali Bohio A.F.R: Yes ------------------------------------------------------------ IN THE HIGH COURT OF SINDH, CIRCUIT COURT, HYDERABAD Const. Petition No. D- 1019 of 2024

Present:- JUSTICE ZAFAR AHMED RAJPUT JUSTICE AMJAD ALI BOHIO

Petitioner : Ghulam Mustafa, through Mr. Ahmed Ali Jarwar, Advocate

Date of hearing : 05.09.2024 Date of decision : 05.09.2024

ORDER

ZAFAR AHMED RAJPUT, J: - Through instant petition, the petitioner seeks direction to respondents No.2, 3 and 4 to constitute Super Medical Board for his examination. 2. Learned counsel contends that on 23.12.2023, the petition er was assaulted for that he appeared at P.S. Kazi Ahmed and obtained a letter for treatment. He then appeared before Medical Officer, Ruler Health Centre (RHC), Kazi Ahmed, wh o examined him and issued Provisional Medico- Legal Certificate (MLC), dated 01.01.2024 by declaring his injuries as (1) swelling size 4x2 cm on the right little finger, (2) pain and s welling size 1x1 cm on the right triceps muscle / middle 1/3 of right upp er arm, and (3) pain at the lateral side of left scapula. The nature of injures w as, however, kept reserved. On 12.01.2024 , the said Medical Officer issued Final MLC describing the nature of injuries as “Fracture without displacement involving middle phalanx of right little finger seen ” and declaring the injury No.(1) as “Jurh Ghayr-Jaifah Hashimah ” punishable under section 337-F(v), P.P.C., and injuries No. (2) and (3) as other hurts punish able

[2]

under section 337-L (ii), P.P.C. Thereafter, on 15.01.2024, the petit ioner lodged the F.I.R being No.12 of 2024 at P.S. Kazi Ahmed under s ection 337-F(v), 337-L(ii), 506(2), 147, 148, 504, P.P.C. against th e accused persons, who challenged the Final MLC before the respondent No.3/ Medical Superintendent, Services Hospital, Hyderabad, who constitut ed Special Medical Board (SMB) for examination of the petitioner ’s Final MLC for “correctness or otherwise ”. On 13.03.2024, the SMB advised the petitioner for X-rays of the alleged injury No. (1) and as per X- rays report, the said injury was reported as previously healed fracture, and then the SMB vide its report, dated 25.03.2024, opined that the fracture with callus formation noted in middle phalanx of fifth digit of right hand was an old injury, hence, the same was not treated as “Jurh Ghayr-Jaifah Hashimah”. Learned counsel further contends that the petitioner, thereafter, s ubmitted an application on 20.05.2024 to the Director General Health, Hyderab ad for constitution of Super Medical Board, however, his application was regretted on the ground that the said Board has been abolis hed by th e Government vide dated 16.05.2006; hence, finding no other rem edy, the petitioner has approached this Court.

3. Heard and record perused.

4. It is an admitted position that the injury No.1 in the Prov isional M.L.C was reported by the Medical Officer as swelling on the right lit tle finger, which injury was subsequently opined in the Final M LC as Jurh Ghayr-Jaifah Hashimah on the basis of X-Rays, which the Special Medical Board comprising of five (05) professors doctors of departments of surgery, medicine, orthopedic, F/Med: & Toxicology and radiology

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unanimously opined after examination of the X-Rays of the petit ioner that the same was an old injury, hence, the same was not treated by them as “Jurh Ghayr-Jaifah Hashimah”. The SMB issued its report on 25.03.2024; thereafter, after passing of more than 50 days, the petitioner approach ed to respondent No.3 for constitution of Super Medical Board. No reason ha s been assigned by the petitioner for not approaching to respond ent No.3 immediately. He has also not mentioned any cogent ground for n ot accepting the opinion of SMB determining the alleged injury as an old injury. Hence, this petition being devoid of any merit is dism issed, accordingly in limine, with listed applications. JUDGE

JUDGE

*Hafiz Fahad*

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