April 9, 2003	Wednesday	Safar 6, 1424

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MUZAFFARABAD, April 8: AJK Shariat Court Chief Justice Syed Manzoor Hussain Gillani directed the top officials of the AJK health department on Tuesday to depute experienced, efficient and competent doctors conversant with the medico-legal cases so that these are not hampered because of medical officer’s inefficiency and inaction.

The chief justice also took strong exception to what he observed was worst kind of inefficiency and lack of expertise on the part of a doctor, which had rendered it impossible for the investigating agency (police) to reach any conclusion as well as for the court to decide the matter at appropriate stage.

He made the observations and direction while disposing of a revision petition by one Sakina Bibi, who had been arrested by the police on March 16 for committing zina (adultery) with Mohammad Sadiq in a quarter attached to the Abbas Institute of Medical Sciences, Muzaffarabad.

During the hearing of the petition, the court was told that the female medical officer, to whom the accused was referred to for medical examination, had refused to reply to the questions by the investigating agency on the plea that she could do so only after receiving the report of the chemical examiner.

The petitioner’s counsel had contended that in the absence of any report her client could not be held guilty of the offence.

However, opposing the bail plea, the assistant advocate-general had contended that the accused was arrested by the police in the presence of the eyewitnesses and mere absence or non-existence of medical certificate did not falsify the case.

On Tuesday, the FMO, Dr Nasreen Akhtar, informed the court that she had examined Ms Sakina Bibi, but she said she was not supposed to reply the police inquest unless she received the chemical examiner’s report. The AAG placed before the court the memo of inquest report whereby three questions were asked to the FMO by the police but none of them was replied by her.

When the chemical examiner was contacted, he stated that the specimen sent to him did not carry the medico-legal certificate of the doctor, the AAG said.

On further questioning, the FMO told the court that she had examined the petitioner, but did not find any stain of semen or scratch or anything on her body and, therefore, she was of the opinion that sexual intercourse could not be said to have been committed.

In his judgment, the chief justice held that though the statement of the FMO was suspicious, as she had not replied to the inquest report of the police, he felt that the benefit of doubt at this stage must go to the petitioner.

The doctor appears to be inexperienced in the matter of medico-legal case and her failure to respond the questions asked by the police speak of her inexperience and inefficiency, he said.

Giving the benefit of doubt, the chief justice ordered the petitioner’s release from Central Jail, Muzaffarabad, provided she furnished bail and personal bond in the sum of Rs50,000.

However, the chief justice said it would be open to the court to recall the concession of bail on its own motion or on the application of prosecution, if after examining the alleged eyewitnesses the court came to the conclusion that the accused, prima facie, appeared connected with the commission of offence.