KARACHI: A judicial magistrate on Tuesday accepted the final charge sheet in a case pertaining to the death of nine-month-old Nashwa and took cognizance against the private hospital, its chairman, vice chairman and three medical staffers.

Dartul Sehat Hospital’s chairman Amir Waliuddin Chishti, vice chairman Syed Ali Farhan, executive director Shahzad Alam have been booked among several administration and medical staffers for alleged improper treatment of the toddler that led to her death.

On Tuesday, the investigating officer of the case filed the final charge sheet in the case before Judicial Magistrate (East) Niaz Hussain.

The IO, Sub-inspector Muhammad Saleem Khan, stated that during the course of investigation two medical staffers — female nurse Sobia Irshad and nursing assistant Agha Moiz — were found guilty of negligence and wrongly administering the solution to the ailing child in vein instead of drip.

A magistrate accepts police report regarding discharge of seven other suspects in the case

He pleaded to accept the charge sheet against them.

However, the IO mentioned that no evidence was found against the Mr Chishti, Mr Farhan, senior administration officer Ahmer Shahzad, nursing in charge Atif Javed, chief medical officer Dr Sharjeel Hussain, Irfan Aslam, security in charge Waleedur Rehman, executive director Dr Shahzad Alam, nursing head Dr Rizwan Azmi, night duty doctor/RMO Attiya Ahmed and Syed Shabbar Hussain Zaidi.

He further mentioned that the complainant, Qaiser Ali, recorded his fresh statement that he pardoned the hospital’s owner and others, except Sobia and Moiz, in the name of Almighty Allah without accepting any compensation.

He stated that the complainant had reached an out-of-court settlement with the hospital management by signing a compromise with all the suspects and agreed to withdraw the case against them.

In the charge sheet, the IO recommended that 11 key administration and senior medical staffers of the health facility may be discharged from the case under Section 169 (release of accused when evidence deficient) of the criminal procedure code for lack of evidence against them and in the light of the compromise.

But, the judge accepted the charge sheet and took cognizance against suspects Amir Chishti, Ali Farhan, Dr Shahzad Alam, Agha Moiz and Ms Sobia.

The magistrate said since the alleged offence was bailable, thus he admitted all of them to bail against a surety bond of Rs50,000 each.

The judge discharged the seven other suspects —Shahzad, Dr Sharjeel, Irfan, Walid, Shabbar Hussain, Dr Rizwan and Dr Attiya under Section 169 of the CrPC in the case for lack of evidence.

The court also ordered release of Shahzad and Javed, who were in judicial custody.

Initially, a case was registered under Sections 324 (attempted murder), 337 (Shajjah: causing hurt) and 34 (common intention) of the Pakistan Penal Code on a complaint of the victim’s father at the Sharea Faisal police station. Later, the IO incorporated Section 302 (premeditated murder) in the FIR on the directive of the court.

Published in Dawn, May 29th, 2019