2023 PLP 1086 (CLC)
ABDUL QADIR — Petitioner Versus PROVINCE OF SINDH through Secretary Health Department and 4 others — Respondents
| Citation | 2023 PLP 1086 (CLC) |
| Forum / Court | Sindh |
| Bench Members | N/A |
| Parties | ABDUL QADIR — Petitioner Versus PROVINCE OF SINDH through Secretary Health Department and 4 others — Respondents |
| Primary Law | Sindh Mental Health Act (L of 2013) |
Q1: What are the key laws and sections cited in 2023 PLP 1086 (CLC)?
This judgment primarily cites: Sindh Mental Health Act (L of 2013) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2023 PLP 1086 (CLC)?
The case was heard and decided by the Sindh bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 1086 (CLC) (ABDUL QADIR — Petitioner Versus PROVINCE OF SINDH through Secretary Health Department and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Qadir Hussain Khan for Petitioner.
Headnotes / Summary
Ss. 15 & 11
Constitution of Pakistan, Art. 199
Constitutional petition
Admission for treatment (in psychiatric facility)
Application by whom to be presented
Scope
Petitioner was seeking the constitution of a Medical Board by the Secretary of the Health Department to examine the private respondent's mental fitness as a precursor to confinement in a mental facility
Petitioner had not taken any steps to seek appropriate relief under the Sindh Mental Health Act, 2013
Constitutional petition was not maintainable, as recourse to Art.199 would not be available under the given circumstances
Petition stood dismissed.
Judgment & Decree
YOUSUF ALI SAYEED, J.
The Petitioner seeks the constitution of a Medical Board by the Secretary of the Health Department, Province of Sindh, for examination of the Respondent No.5 so as to ascertain his mental unfitness as a precursor to his confinement in a mental facility. Apparently, the Petitioner and his wife had adopted the Respondent No.5 as their son, but had subsequently disowned him after which he is said to have started harassing them along with other so-called 'Gunda elements', prompting them to file Criminal Miscellaneous Application No.1840 of 2022 before the Court of the learned Justice of Peace/VIIth Additional District and Sessions Judge, Karachi South seeking the registration of an FIR. That Application came to be dismissed vide an Order dated 19.08.2022, which was never assailed, and the instant Petition has been preferred for the aforementioned purpose - that too without any steps having otherwise been taken by the Petitioner for seeking appropriate relief under the Sindh Mental Health Act, 2013. As such, we are of the view that the Petition is not maintainable as recourse to Article 199 would not lie under the given circumstances. That being so, while granting the application for urgency we hereby dismiss the Petition in limine along with the pending miscellaneous application. SA/A-10/Sindh Petition dismissed.