Doctors, investigation officer told to record statements

Board unable to determine what caused infant’s death, court told.

LAHORE:

The Lahore High Court on Monday directed six doctors, nominated for the alleged murder of a child, to visit the police station concerned on Tuesday (today) to record their statements. The investigation officer (IO) was also ordered to be present at the station.

Justice Ijazul Ahsan issued the order while hearing a writ petition moved by the doctors nominated in the FIR, registered by the infant’s father. The doctors want the FIR to be quashed.

The court was also told that a medical board, constituted to conduct the infant’s post-mortem examination, had been unable to determine the cause of death. The board cited “inconclusive evidence”.

A murder case was registered against eight doctors for allegedly causing the death of Fahd, a one and a half year old boy. The child’s father said that they had pulled out a drip that was being administered to him at Mayo Hospital during the doctors’ strike. Police had arrested four of them.

Faisal Zaman, a provincial law officer, said that out of the eight doctors nominated in the FIR one – Dr Muhammad Aadil Mansoor Bajwa – had been exonerated by the investigation officer while three had not joined the investigation. Zaman said that an IO’s findings were not binding on the court, adding that the trial court was the competent forum to decide whether the doctors should be indicted.

In his rebuttal, the counsel for the doctors said that his clients had made “several attempts” to join the investigation but the IO never turned up. He then said that the Punjab government was still harassing doctors. The principals of two hospitals have been transferred for supporting the doctors’ strike, he said. The judge remarked these matters were unrelated to the issue at hand.

Earlier, the provincial law officer requested the court that the bail plea of the four doctors – who had been granted interim bail by the LHC – be referred to the sessions court since three other nominated doctors – Dr Usman, Dr Hanan and Dr Asad – had been granted a pre-arrest bail by an additional sessions judge. He argued that it would prejudice the case of the prosecution if the LHC continued hearing the bail petition of Dr Matloob Ahmad, Dr Usmanul Haq, Dr Muhammad Tajammul and Dr Muhammad Aadil Mansoor Bajwa if the other three had their bail pleas pending before a sessions court.

The court then ordered an extension in the bail of the four doctors who had earlier been granted interim bail by the LHC. They were then directed to approach the sessions court within five days to seek bail. The court will resume hearing on July 25.

Published in The Express Tribune, July 17^th, 2012.