2010 PLP 2114 (YLR)
SAMI SALEEM BHATTI — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad
| Citation | 2010 PLP 2114 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asad Munir, J |
| Parties | SAMI SALEEM BHATTI — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2010 PLP 2114 (YLR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 2114 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asad Munir, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2114 (YLR) (SAMI SALEEM BHATTI — Petitioner Versus FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- 4. Learned Standing Counsel in support of the parawise comments has also confirmed that the Federal Government has no objection if the said surgery takes place in accordance with law at the risk and cost of the petitioner. No parawise comments have been received from Secretary, Health Department, Government of the Punjab but the learned Assistant Advocate General has appeared to state that he adopts the position taken by the learned Standing Counsel and the Government of the Punjab has no objection if the required medical treatment is provided to the petitioner in accordance with law. Learned counsel for the petitioner has also placed on record order dated 29-4-2009, passed by this Court, whereby, in some-what similar circums tances, Re-assignment Surgery was allowed to a person having Gender Identity Disorder.
- 6. In view of the statements of the learned Standing Counsel and learned Assistant Advocate General, this writ petition is disposed of with a direction to the respondents to allow the medical facilities prayed for by the petitioner.
Headnotes / Summary
Arts.199 & 38--Constitutional petition--Gender Identity Disorder
Surgical treatment of
Permission
Effect
Petitioner filed constitutional petition seeking permission to be granted for surgical treatment by means of a simple surgery called "Re-assignment Surgery" for Gender Identity Disorder
Petitioner asserted that the expertise for the said surgery was available but the doctors were reluctant to carry out the operation as they apprehended certain legal and social complications unless permission for the required medical treatment was allowed by High Court
Respondents asserted that they had no objection if the said surgery took place in accordance with law at the risk and cost of the petitioner
High Court disposed of constitutional petition with direction to respondents to allow the medical facilities prayed for by the petitioner. Muhammad Nouman Shams Qazi for the Petitioner. Babar Ali, Standing Counsel. Shahid Mahmood Abbasi, A.A.-G.
Judgment & Decree
ASAD MUNIR, J.
The petitioner claims to be suffering from Gender Identity Disorder since long which can be cured by means of a simple surgery called Re-assignment Surgery which is available in the various hospitals in the country.
2. According to the learned counsel for the petitioner, even though the expertise for the said surgery is available, doctors are reluctant to carry out the operation as they apprehend certain legal and social complications unless permission for the required medical treatment is allowed by this Court.
3. Parawise comments were called for from Secretary, Ministry of Health, Islamabad as well as Secretary, Health Department, Government of the Punjab Civil Secretariat, Lahore. Parawise comments from Ministry of Health, Islamabad have been received and a perusal thereof shows that the said Ministry has no objection if the surgery/treatment required by the petitioner goes ahead.
4. Learned Standing Counsel in support of the parawise comments has also confirmed that the Federal Government has no objection if the said surgery takes place in accordance with law at the risk and cost of the petitioner. No parawise comments have been received from Secretary, Health Department, Government of the Punjab but the learned Assistant Advocate General has appeared to state that he adopts the position taken by the learned Standing Counsel and the Government of the Punjab has no objection if the required medical treatment is provided to the petitioner in accordance with law. Learned counsel for the petitioner has also placed on record order dated 29-4-2009, passed by this Court, whereby, in some-what similar circums tances, Re-assignment Surgery was allowed to a person having Gender Identity Disorder.
5. Learned counsel for the petitioner has also referred to Article 38 of the Constitution to contend that the petitioner is entitled to be provided the medical relief sought by him.
6. In view of the statements of the learned Standing Counsel and learned Assistant Advocate General, this writ petition is disposed of with a direction to the respondents to allow the medical facilities prayed for by the petitioner. M.U.Y./S-61/L Order accordingly.