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Lady Dr. NAFEESA SALEEM vs JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE, MULTAN Ss — 2022 PLD 18 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 18 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
Lady Dr. NAFEESA SALEEM vs JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE, MULTAN Ss
Subject matter
Criminal
Provisions referred to
S. 29; S. 22-A; S. 26; Criminal Procedure Code (V of 1898); Punjab Healthcare Commission Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Lady Dr. NAFEESA SALEEM VS JUSTICE OF PEACE/ADDITIONAL SESSIONS JUDGE, MULTAN Ss.29, 30, 26, 2(xvii) & 2(xii)---Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B---Medical negligence---Criminal liability for medical negligence---Healthcare service providers---Punjab Healthcare Commission---Exclusive jurisdiction of Punjab Healthcare Commission to adjudicate upon and prosecute (criminally) in matters of criminal medical negligence---Bar on jurisdiction against initiation of any other legal proceedings by S.29 of Punjab Healthcare Commission Act, 2010---Scope---Petitioners impugned order of Justice of Peace made under S.22-A, Cr.P.C., whereby it was directed that FIR be registered against petitioners---Contention of petitioners, inter alia, was that respondents had made complaint to the Punjab Healthcare Commission alleging medical negligence/malpractice by petitioners and such allegations against petitioners were found to be correct by said Commission, against which order petitioners had appealed against, and as such Punjab Health Commission had exclusive jurisdiction in the matter---Validity---Inquiry of the Punjab Healthcare Commission, in the present matter, established various commissions and omissions by petitioners, which fell within ambit of Punjab Healthcare Commission Act, 2010 and a decision against them was handed over by said Commission---Per S.29 of Punjab Healthcare Commission Act, 2010, a healthcare provider was to be held accountable only under said Act, and Punjab Healthcare Commission had exclusive jurisdiction to adjudicate upon complaints relating to provision of healthcare services and subject to S.26(2) of said Act, all other legal proceedings, civil or criminal, in respect thereof were barred---Justice of Peace was therefore not competent to entertain application of respondents under S.22-A, Cr.P.C.---Impugned order was set aside---Constitutional petition was allowed, accordingly.

Other judgments reported in 2022 PLD

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