Dr. KHAIR MUHAMMAD SAHOWAL vs PROVINCE OF SINDH S — 2022 YLR 63 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 YLR 63 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: YLR
Parties: Dr. KHAIR MUHAMMAD SAHOWAL vs PROVINCE OF SINDH S
Subject matter: Criminal
Provisions referred to: S. 322---; S. 322; S. 4; Sindh Health Care 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

Dr. KHAIR MUHAMMAD SAHOWAL VS PROVINCE OF SINDH S. 322--- Sindh Health Care Commission Act, 2013 (VII of 2014), Ss. 4(6)(b) & 29---Qatl-bis-sabab---Investigation into allegations of mal-administration and malpractice of medical professionals---Immunity---Scope---Petitioners sought quashing of FIR lodged under S.322, P.P.C. against them--- Validity--- Section 322, P.P.C. attracted to the case if death was caused due to criminal negligence of the petitioners (Medical professionals)---Petitioners belonged to medical profession and settled test of medical negligence provided that "a medical professional was not guilty of negligence if he had acted in accordance with a practice accepted as proper by a responsible body of a medical men skilled in the particular art"---Sindh Health Care Commission was constituted to determine whether the petitioners had committed medical negligence or not---High Court referred the matter to Sindh Health Care Commission under S.4(6)(b) of Sindh Health Care Commission Act, 2013 for inquiry/investigation with direction to transmit the result of investigation to the Trial Court---Constitutional Petition was disposed of accordingly.

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