Citation Name: 2023 PCrLJ 1373 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID SAFDAR MAKHDOOM vs GOVERNMENT

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Citation Name: 2023 PCrLJ 1373 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID SAFDAR MAKHDOOM VS GOVERNMENT OF THE PUNJAB through Secretary Specialized Healthcare and Medical Education Department Ss. 365, 337-F(vi) & 34---Constitution of Pakistan, Art. 199---Abduction for ransom, ghayr-jaifah-munaqqillah, common intention---Application for constitution of Medical Board---Maintainability---Complainant of FIR made an application to Secretary, Specialized Healthcare and Medical Education Department, to constitute a special Medical Board for examination of accused alleging that he was malingering and further prayed that he should be sent back to the District Jail---Secretary, Specialized Healthcare and Medical Education Department directed Executive Director, Punjab Institute of Neurosciences (PINS) to examine the matter---Consequent thereupon said Executive Director constituted a three-member special medical board (the "Special Board") comprising three Medical Officers---Said Special Board examined accused and concluded as follows in its report, "Considering the given facts and lack of objective element explaining his illness, the Board was of the opinion that there was strong element of malingering and he had no active neurological or neuro surgical illness demanding admission in tertiary care hospital---Accused might be referred back to Civil Hospital and subsequently to jail if local hospital decided so"---Petitioner (father of accused) challenged the formation of the Special Board and prayed that its report be declared null and void---Record showed that on 06.12.2021 the petitioner made an application to Secretary, Specialized Healthcare and Medical Education Department, for constitution of new Medical Board for re-examination of accused, which had not been decided---Public functionaries were obliged to dispose of the applications/representations made to them by the people within a reasonable time---Since that had not been done in the present case, the petitioner had a cause of action---Petitioner was not only an "aggrieved person" but also an "aggrieved party" within the meaning of Art. 199 of the Constitution---Hence, present petition was maintainable and the objection of complainant of FIR was overruled. Citation Name: 2023 PCrLJ 1373 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID SAFDAR MAKHDOOM VS GOVERNMENT OF THE PUNJAB through Secretary Specialized Healthcare and Medical Education Department R. 197---Penal Code (XLV of 1860), Ss. 365, 337-F(vi) & 34---Abduction for ransom, ghayr-jaifah-munaqqillah, common intention---Application of complainant for constitution of Medical Board---Pakistan Prisons Rules, 1978, did not prescribe any procedure for constitution of a Medical Board for examination/re-examination of the prisoners---Such matter had been left to the doctors because they were the best judge and knew when it was required---However, situations might arise where the prisoner or the complainant party might want it to be constituted for various reasons---Rule 197 of the Pakistan Prisons Rules, 1978 mandated that if the prisoner was required to be removed to a hospital in another station, the Jail Superintendent could not do it on his own---Jail Superintendent must obtain permission from the Inspector General in advance and the latter was required to make an immediate report to the Government in anticipation of its sanction---In the present case, Rule 197 was flagrantly violated---Jail Superintendent shifted accused to other General Hospital on a letter of the Medical Superintendent, DHQ Hospital---Jail Superintendent did not obtain any order from the Inspector General as required and it appeared that he had not applied even for post-facto approval to date---Petitioner had not been able to refer any material which might suggest that there was such medical emergency that non-compliance with the above provision should be condoned, which required immediate probe---Application of complainant before Secretary, Specialized Healthcare and Medical Education Department, was incompetent---Petitioner ought to have approached the Trial Court if he had any grievance---Resultantly, all the proceedings conducted in pursuance of the said application, including the constitution of Special Board and its report were declared to be without lawful authority---Petition was disposed of.

Citation Name: 2023 PCrLJ 1373 LAHORE-HIGH-COURT-LAHOREBookmark this Case KHALID SAFDAR MAKHDOOM vs GOVERNMENT OF THE PUNJAB through Secretary Specialized Healthcare and Medical Education Department Ss — 2023 PCrLJ 1373 LAHORE-HIGH-COURT-LAHORE

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