Dr. FARHAT ULLAH BAKHSH vs EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL SESSIONS JUDGE-III (EAST), ISLAMABAD Ss — 2025 PLD 106 ISLAMABAD

Case information

Citation: 2025 PLD 106 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: PLD
Parties: Dr. FARHAT ULLAH BAKHSH vs EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL SESSIONS JUDGE-III (EAST), ISLAMABAD Ss
Subject matter: Criminal
Provisions referred to: S. 200; Dental Council Act (IV of 2023); Criminal Procedure Code (V of 1898); Islamabad Healthcare Regulation Act; Penal Code

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. FARHAT ULLAH BAKHSH VS EX-OFFICIO JUSTICE OF PEACE/ ADDITIONAL SESSIONS JUDGE-III (EAST), ISLAMABAD Ss.2 (xxiv), 4, 30 & 33---Pakistan Medical and Dental Council Act (IV of 2023), Ss. 44 & 50---Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B---Constitution of Pakistan, Art. 199---Constitutional petition---Medical negligence---Healthcare Regulatory Authority---Jurisdiction---Petitioner/proposed accused was aggrieved of order passed by Ex-Officio Justice of Peace directing registration of criminal case against him on the allegation of causing hurt due to medical negligence---Validity---There is an overriding effect available in Islamabad Healthcare Regulation Act, 2018---Offences, which have been provided in Islamabad Healthcare Regulation Act, 2018, which is a special law, are entirely different and for that matter Penal Code, 1860, is a general law with bodily injuries or hurt---In such situations, in which special law versus general law is to be considered in juxtaposition, Penal Code, 1860, does not exclusively cater for medical negligence, rather covers the same---In order to determine the offence, it requires evidence and report of expert, especially when proposed accused persons are professional doctors or healthcare providers or incident took place in a healthcare institution---High Court drew following guidelines to deal with the issue of medical negligence, whenever an aggrieved person instead of filing complaint in IHRA goes to police station or files private complaint under S. 200, Cr.P.C. or Ss. 22-A & 22-B, Cr.P.C. application for lodging of FIR against healthcare service establishment, professional or administration with the allegation of medical negligence:

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