November 07, 2006	Tuesday	Shawwal 14, 1427

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ISLAMABAD, Nov 6: The Supreme Court on Monday took Toba Tek Singh Police to task for delay in submission of challan in medical negligence case against a local doctor and ordered the trial court to complete its proceedings independently.

In the light of apex court’s ruling in Hukum Mumtaz case and under Section 173 of the Criminal Procedure Code (CrPC), the police was bound to submit a challan before a trial court within a fortnight of registration of a case.

The officer submitted the challan before the local magistrate on August 10, 2006 and the case was registered on July 18, 2006 and that too after a delay of a year.

A three-member bench comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Muhammad Nawaz Abbasi and Justice Saiyed Saeed Ashhad warned Superintendent Police, Investigations, Toba Tek Singh Muhammad Ashraf to be careful in future.

“People start running to the courts when the police do not listen to them,” the chief justice deplored while hearing an application of Nazr Maseeh on a suo motu, whose wife Shazia and a newborn baby had died during a medical procedure.

Meanwhile Additional Advocate General Punjab Khadim Hussain Qaiser told the bench that a criminal case had been registered against Dr Hanif on medical negligence, who operated upon his patient in a private clinic on July 26, 2005 without proper infrastructure and blood arrangements. Both Shazia and her new born baby died soon after the operation due to blood loss.

He also submitted that a disciplinary committee of the Pakistan Medical and Dental Council (PMDC) had found Dr Hanif guilty and had recommended to its council to suspend doctor’s license for two years.

During the hearing the chief justice also observed that secretary health and PMDC should realize their responsibility and ban quacks that were playing with the lives of the people in small places. Health institutions without proper infrastructure should only provide first aid to patients, the chief justice said.

Earlier, the additional sessions judge had rejected the case of Nazr Maseeh but the Lahore High Court directed the local police to look into the matter.

District Police Officer (DPO) Akhtar Umer Hayat, however, informed the bench that the moment he received directions from the high court, he registered the case, though the chief justice admonished the DPO for lax attitude and observed that he should know what was happening around his area adding he should have taken prompt action the day incident took place. The bench later disposed of the case.