P L D 2021 Balochistan 134 (PLP)

MUHAMMAD KAMRAN KHAN MULAKHAIL, J.

Through this petition, following relief has been sought: "It is respectfully prayed that keeping in view the aforesaid circumstances, this Hon'ble Court may kindly be pleased to declare the act of doctors by writing word (sic) "Not Valid for Court" as illegal, unlawful and without lawful authority. Further this Hon'ble Court may kindly be pleased to direct the Government of Balochistan through respondent may kindly be directed to stop all the doctors from writing word (sic) "Not Valid for Court" on their pad/prescription. Any other relief which this Hon'ble Court deems fit and proper may also be awarded to the petitioner."

2. It is the case of the petitioner that in the year 2019 the petitioner met with an accident and was treated by Professor Dr. Alamgir Khan, Double Road Quetta, with the direction to the petitioner for taking rest, but the petitioner's department despite the doctor's prescription did not allow medical leave to the petitioner; that the Professor Dr. Alamgir Khan is a prominent doctor of the province, but the department took the plea that pad/prescription issued by the doctor contains "Not valid for any Court"; that in the province of Balochistan the doctors in a large number have established and running private clinics and hospitals and collecting heavy fee for treatment, while, they have inserted/printed on their prescription/pad "Not Valid for any Court"; that the doctors while working professionally prescribe the medicines and advise the patients through prescription slips, but their prescription pad contain "Not valid for any Court"; that when a doctor demands fee of his choice and treat a patient, how he can insert on his prescription/pad the phrase "Not valid for any Court". Hence, through this petition, the afore-referred relief has been sought with appropriate direction to the official respondents.

3. The petitioner appearing in person has reiterated the same facts and grounds, which were already narrated in the memo of petition.

4. Heard, record perused.

5. The petitioner through the instant petition has assailed the act of the doctor(s), who while practicing in private clinics used to issue a medical prescription, but the same prescription slips contains the phrase "Not valid for Court", thus, prayed for declaring the act of the doctors as illegal. Admittedly, most of the medical practitioners while working in the private clinics use to issue medical certificates/prescriptions, which mostly contain the phrase "Not valid for Court" and thus the same cannot be produced before the court as documentary evidence. The petitioner statedly, after having met with an accident was got treated by a doctor at a private facility, who also prescribed certain medicines and advised him for bed-rest, but on producing the said prescription to the department, the same was not considered on the strength that it contained the phrasal expression "not valid for court". The petitioner was treated by Dr. Alamgir Hospital Double Road Quetta, but the same is a private institution/hospital and the medical certificates/prescriptions issued by the private hospitals do not contain any medical record/history, rather in a cases where the documents are presumed to be produced in a court as documentary evidence, the patients are being referred to government hospital, solely for the purpose that the same is duly supported by a valid medical record. In case the private doctors and hospitals are allowed to issue medical certificates to everyone and the same is being treated in a court as documentary evidence, it will amount mushroom growth and every individual will manage to obtain a medical certificate from any corner and would ultimately produce the same before the court in order to get a desired/favourable relief. Even otherwise, the medical certificates/ prescriptions issued by the private hospitals or doctors in their private capacity are only meant for treatment and to prescribe the medicines to the patients, and the same having no record in the hospital and in doctors' clinics, have no evidentiary value. Even otherwise, the section 29(11) of the Pakistan Medical Commission Act, 2020, stipulates that a medical certificate, or prescription or medical or dental advise only issued by a registered medical or dental practitioner would be considered valid. The Section for ease of reference is reproduced herein below: Section 29 (11).

Notwithstanding anything to the contrary contained in any other law for the time being in force, no medical certificate or description or medical or dental advice shall be considered valid unless obtained from a medical or dental practitioner having a valid provisional or full licence. Similarly, Rule 25.18 of The Police Rules 1934, also speaks that the medical opinion required in a police could only be issued by the highest medical authority or the medical staff of the district. This Rule, therefore stipulates as under: 25.19. Medico-legal opinion.

(1)When a medical opinion is required in police cases, the persons to be examined shall be produced before the highest medical authority available on the medical staff of the district. Persons requiring examination at the headquarters of a district shall be taken to the Civil Hospital and not to a branch dispensary; similarly in rural areas, where a hospital is accessible, medico-legal cases shall be sent there and not to a rural dispensary. (2) Medical officers of the Irrigation Department are prohibited from undertaking medico-legal work and officers in charge of district board dispensaries may only be called upon to do such work, for which they must be qualified in other respects, in cases of emergency. Medical officers may not be called upon to proceed to the scene of an occurrence to examine injured persons except in cases of real urgency and when it is impossible to convey the injured person to the nearest dispensary or hospital. (3) Police officers cannot legally compel injured persons to submit to medical examination, and such persons have a right to be examined privately at their own expense by medical practitioners. "Injury Statements" (form 25.39(1)), are intended solely for the use of the Civil surgeon of the district or any medical officer subordinate to him, on whom the police may call for a report. Such forms must not be given to injured persons for the purposes of examination at their private choice, nor must they be sent with injured persons to Government medical officers of another district. All medical officers in charge of hospital and dispensaries are required to report to the nearest police station within 24 hours all cases of serious injury of poisoning admitted by them for treatment, whether such cases have been brought in by the police or not. (4) . (5) . (6) . (7) .

6. The above-referred abstract of the Police Rules 1934 clearly speaks that only an authorized medical officers of the Government hospitals can issue medical certificates and none else. The petitioner being aggrieved of the dismissal order from service issued by his department is trying to legally cover up the entire process of the private clinics, which course under the afore-referred Pakistan Medical Commission Act, 2020 and Police Rules 1934 is neither permissible nor any certificate/prescription issued in private capacity can be treated as a valid piece of evidence. However, in case where any injured or deceased has received any sort of treatment at private facility, such medical record can be made a part of the court record subject to certain exceptions, such as, by producing the said documents before the Investigating Officer, or producing the same before the trial court through an application under section 540 Criminal Procedure Code. In the petitioner's case, he while taking shelter under the privately issued medical prescription has tried to justify his absence from duty through purported prescription issued by a doctor in private capacity. Such documents can also be made part of pleadings, but again subject to certain legal exceptions. But the whole process of private clinics cannot be legalized for an individual's benefits, which will ultimately amount to create an endless chaos. When an accused of a criminal offence would get benefit of privately issued medical certificate and similarly the complainant or injured of any criminal case will also be at ease to exaggerate his alleged injury/hurt allegedly caused during the course of criminal offence. This situation will also amount to open a floodgate and a mushroom growth of fabricated and manipulated medical record, which in no case can be permitted or legitimized. For the above reasons, the petitioner has miserably failed to make out any case in his favour and this petition being frivolous, misconceived and bereft of any merit is not maintainable, thus, is dismissed in limine, however, with no order as to costs. MH/126/Bal. Petition dismissed.