Show-cause: Irate judge orders health official to end ‘malpractice by MLOs’

Petitioner claims MLOs connive with the accused and deny the police access to the victims.

KARACHI:

The Sindh High Court (SHC) has issued show-cause notice to the health department to explain why the court’s earlier directives to end alleged malpractices of medico-legal officers at state-run hospitals was not complied with.

The focal person has been directed to appear to explain the health department’s position on September 12.

NGO Madadgar had taken the provincial health, home and police authorities to court over alleged violations in the performance of procedures on victims by the medico-legal officers. The petitioner had argued that destitute women and children, who have been subjected to sexual abuses, face problems at public health facilities, when they undergo medico-legal examinations.

Under the rules, the petitioner said that the police investigation officers were supposed to record the victims’ statements. The ward doctors who treat the victims, however, do not allow police officials to record such statements under the pretext that “the victim is not capable” of making a statement at the moment. The petitioner alleged that most medico-legal officers and police surgeons connive with the accused parties and deny the police access to the victims. Due to such malpractices, the victims suffer irreparable losses while the accused benefit, he said.

Citing the example of a rape case in Jhuddo Town of district Mirpurkhas, the petitioner said that the medico-legal officer had issued a certificate, declaring the victim a ‘virgin’.

The petitioner said that in some cases, victims approached the medico-legal departments for examination without obtaining the police letter for the medico-legal examination, but they were simply turned away by the MLOs.

It was pleaded to direct the health and home departments to end violations committed by the MLOs. The petitioner also suggested that the authorities be directed to establish forensic science laboratories in each district.

On Friday, the judges observed that the focal person, on January 30, was given two weeks to convene a meeting of representatives and the petitioner to find a solution to the problem. The focal person was also directed to submit the minutes of the meeting in court, but to no avail.

On March 22, the court had repeated the same direction, but the focal person did not appear on Friday. The two judges directed the focal person to appear in person on September 12 and explain why the court’s directives had not been complied with.

Published in The Express Tribune, August 31^st, 2014.