KARACHI: Although the family of nine-month-old Nashwa, who died after she was administered with a wrong injection at a private hospital last month, reached an out-of-court settlement with the Darul Sehat hospital on Wednesday, the police authorities on Thursday said that the final settlement needed the approval of the court concerned.
The father of the baby, Qaiser Ali, who had signed a legal document with the owners of the health facility concerned to withdraw the case against them for “murder of his infant daughter”, has stated to the police that he had decided to “forgive the hospital management and the staff” on multiple promises for the welfare of poor patients on the advice of his mother and in respect of the holy month, officials said on Thursday, according to the content of a written statement given by the father.
The father has submitted this statement under Section 162 (statements to police not to be signed: use of statements in evidence) of the criminal procedure code of Pakistan, revealed DIG-East Amir Farooqi.
The senior police officer said that the police investigators would submit the case challan before the court concerned along with the statement of the girl’s father.
“Final settlement/acceptance of the case lies with the court,” suggested DIG Mr Farooqi.
Replying to a question that the case was registered under charges of premeditated murder (Section 302 of the Pakistan Penal Code), the officer said that since a ‘compromise’ had been made between the family and the accused, the police would convert the case into Section 322 (manslaughter/Qatl-i-Khata) and submit the challan, stating that the family had pardoned the accused with their free consent and there was no duress or pressure on them.
The infant’s father in his statement before the police stated host of reasons behind pardoning the hospital administration and several accused nominated in the case.
Qaiser Ali pointed out that the hospital administration offered condolence with him and admitted their ‘mistake’ and made multiple promises ranging from provision of free treatment to the poor patients through establishment of Nashwa fund to scholarship for students.
Besides, the father said that his mother also advised him to pardon the accused.
Furthermore, the mother of one of the accused nurses met him and requested to pardon her daughter.
Published in Dawn, May 24th, 2019