2014 P Cr (PLP)

Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan 1973 the petitioner seeks setting aside of impugned order 13-12-2012 passed by respondent No.2 and issuance of a direction for constitution of a medical board.

2. Briefly stated the facts of the case necessary for the disposal of this petition are that on the complaint of respondent No.3 Malik Zafar Hussain F.I.R. No. 725/2012 dated 10-11-2012 for offence under sections 324, P.P.C., 7 Anti-Terrorism Act, 1997 was registered against the petitioner and his sister Mst. Nazia Arshad at Police Station Chehlyak District Multan. As per the prosecution case, a co-accused Mst. Nazia Arshad, sister of the petitioner 'threw acid on the private parts of the complainant. The complainant was medically examined on 10-11-2012. The petitioner filed an application for constitution of a medical board on the ground that a false and fake Medico-legal Certificate had been obtained by the complainant in order to falsely implicate the petitioner and his sister with the commission of offence.

3. The learned counsel for the petitioner submits that a false, frivolous and concocted F.I.R. has been registered at the instance of the complainant against the petitioner and his sister Mst. Nazia Arshad. The petitioner's sister never threw acid on the private parts of the complainant. The doctor who Medically examined the complainant issued a bogus medico-legal certificate in order to help the complainant of the F.I.R. Miscarriage of justice would be occasioned in case a medical board is not constituted to determine as to whether or not the injuries sustained by the complainant are from a friendly hand.

4. We have heard the arguments advanced at the limine stage and perused the documents annexed with this petition.

5. In pith and substance, the learned counsel for the petitioner has alleged mala fides against the Medical Officer who examined the victim, complainant namely respondent No.3. After going through the contents of the application dated 30-11-2012 filed by the petitioner for constitution of a medical board it is clear that no material particulars of the mala fides attributed to The Medical Officer, who medically examined the victim, have been given therein. It is trite that in order to establish a case of mala fides some specific allegations are necessary and it must be supported by some prima facie proof to set aside the impugned order by this Court. The learned counsel for the petitioner has made a bald assertion that the concerned Medical Officer has been won over by, the complainant. In the absence of specific allegations being levelled against the Medical Officer no roving inquiry can be held in the matter and no direction can be given for the constitution of a medical board. The principles of law laid down by the august Supreme Court of Pakistan in The Federation of Pakistan through The Secretary, Establishment Division, Government of Pakistan Rawalpindi v. Saeed Ahmad Khan and others (PLD 1974 Supreme Court 151) can be read with considerable advantage. The petitioner filed an application for the constitution of a medical board before respondent No.2 after an inordinate delay of 22 days. No plausible explanation is forthcoming as to why the petitioner waited for 22 days before approaching respondent No.2 for the constitution of a medical board.

6. For what has been stated above, this petition being without any merit is dismissed in limine. MWA/S-9/L Petition dismissed.