PESHAWAR, Aug 31: A two-member bench of the Peshawar High Court on Tuesday disposed of a writ petition filed to register an FIR against a gynaecologist in the case of death of a woman allegedly due to negligence.
The bench comprising Justice Tariq Pervez and Justice Ijazul Hassan directed the petitioner, Muhammad Akram Khan, to file an application before the Peshawar district and sessions judge, who had the powers under the Criminal Procedure Code to issue directives to the police in that regard.
The petitioner's wife had died in a local hospital after she was shifted there in a precarious condition from Kulsoom Maternity Home run by Dr Zakia Minhas. He stated that due to negligence of the staff members his wife died and the arm of his new-born baby boy was broken.
The petitioner had requested the high court to issue directives to the police to register an FIR against gynaecologist Dr Zakia Minhas and Dr Nazeran, working at the maternity home.
The petitioner stated that he had been moving from pillar to post to register the FIR, but owing to the influence of Dr Zakia Minhas, the police had refused to register it.
Mr Rasheed stated that the situation in the said maternity home was so bad that an ambulance was not available for shifting the deceased to a hospital from the maternity home. He claimed that midwives were wearing overalls and were allegedly posing as doctors in there. He added that untrained staff were employed there.
"If I narrate the story of the callousness of these doctors and the merciless manner in which they treated the deceased-lady, even the bench will be moved," Mr Rasheed added.
The bench observed that now under section 22-A of the CrPC the district and sessions judge exercised the powers of the Justice of Peace and he was empowered to issue directives to the police.
The bench directed the petitioner to first approach the district judge, and in case he was not provided any relief there, he could again move the high court. The court also observed that doctors had become careless and had been deceiving patients through different means.