MARATAB MUKHTAR vs GOVERNMENT OF THE PUNJAB Ss — 2022 PCrLJ 1293 LAHORE-HIGH-COURT-LAHORE

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MARATAB MUKHTAR VS GOVERNMENT OF THE PUNJAB Ss. 464 & 465---Penal Code (XLV of 1860), Ss. 302, 148 & 149---Constitution of Pakistan, Art. 199---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Application of petitioner for constituting Provincial Standing Medical Board had been turned down by the Magistrate---Scope---Petitioner claimed that he sustained firearm injuries at the hands of respondent who was armed with .30-bore pistol---Medico-Legal Certificate of the petitioner issued by Medical Officer showed that injuries were caused by firearm---Respondent challenged that Medico-Legal Certificate before the Area Magistrate who ordered the petitioner's re-examination by the District Standing Medical Board---Said District Standing Medical Board gave an opinion that the injuries were not by firearm---Petitioner moved the Magistrate for making a reference to the Provincial Standing Medical Board---Magistrate declined the request---Validity---Petitioner had alleged that one of the respondents exerted political pressure on the District Standing Medical Board to procure the impugned report but had not furnished any details---Allegation was, therefore, rejected being vague and unsubstantiated---District Standing Medical Board's opinion was deficient in material particulars---Firstly, it had mentioned that the petitioner's clothes which he wore at the time of the incident did not relate to the use of firearm but had not explained how---Secondly, there was no suggestion that the petitioner's injuries were fabricated---District Standing Medical Board had not stated what type of weapon could have been possibly employed if it was not firearm---As adumbrated, that was a case of two versions, one set out in the FIR by said respondent and the other by the petitioner's side---Reference to the Provincial Standing Medical Board was necessary to dig out the truth which was the basic object of every inquiry and trial---Petition was accepted and re-examination of the petitioner by the Provincial Standing Medical Board was ordered, in circumstances.

MARATAB MUKHTAR vs GOVERNMENT OF THE PUNJAB Ss — 2022 PCrLJ 1293 LAHORE-HIGH-COURT-LAHORE

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