IN THE LAHORE HIGH COURT, LAHORE.

W.P.NO.102233/2014

 Bashir Ahmad S/O Baba Shehbaz R/O Ayya-Pur, Tehsil

Shariqpur, District Sheikhupura.

 Tanveer Butt S/O Akram Butt R/O Ayya Pur, Tehsil Shariqpur,
District Sheikhupura.

…….Petitioners

Versus

 Government of the Punjab, through Secretary Health, Lahore.

 Standing Medical Board in respect of re-examination

Dated:02.10.2014, through its Chairman Dr.Mubasher Ahmad,
MS, DHQ, Hospital, Sheikhupura.

 Dr.Nadeem Sohail District Officer Health Sheikhpura (Member

of Standing Medical Board).
  Dr.Khawar Rafique, consultant Surgeon, DHQ Hospital,
Sheikhupura (Member of Standing Medical Board).

 Dr.Khadim Hussain, DMS/DMLO, DHQ Hospital, Sheikhupura.

(Tech. Member of Standing Medical Board).

 The State.

…….Respondents

WRIT PETITION

UNDER ARTICLE 199 OF CONSTITUTION OF ISLAMIC REPUBLIC OF

PAKISTAN 1973 FOR SETTING-ASIDE RE-EXAMINATION REPORT
NO.10774-80 DATED:16.10.2014 (OF PETITIONER NO.1) AND
REPORT NO.10535-41 DATED:10.10.2014 (OF PETITIONER NO.2)
ISSUED BY RESPONDENTS NO.2/STANDING MEDICAL BOARD.

Respectfully Sheweth:-

 That addresses of the parties given in the head note of writ petition
are correct for the proper service of process of this Honourable Court.

 That the brief facts giving rise to file the this writ petition are that
petitioners are respectable, law abiding citizen of Pakistan, farmer by
profession. On 11.08.2014 accused/culprits Asif, Aatif, Kashif sons of
Saeed Ahmad, Ahsan Tufail son of Muhammad Tufail alongwith one
unknown accused were committing theft of bricks of petitioner No.1
 (installed/affixed in the street) who were restrained due to which
accused persons became annoyed gave beatings to petitioners,
accused persons took out their weapons, created terror, petitioners
just to save their lives, entered into their own house, closed the door
but the accused persons by committing tress-pass entered into the
house caused serious injuries to petitioners with their respective
weapons, in this regard criminal case FIR No.546/14
dated:12.08.2014 offence U/S 452/379, 337/A-1, 337F-1, 148/149
PPC was lodged at Police Station Shariqpur Sharif, District
Sheikhupura on the complaint of petitioner No.1. Copy of FIR is
attached as Annexure……. “A”.

 The petitioners were medically examined on same day vide MLC

No.2196/14 and MLC No.2195/14 respectively whereby the concerned
doctor declared the injuries. The injuries No.1 & 3 sustained to
petitioner No.1/Bashir Ahmad were kept under observation/KUO for
X-Ray whereas Injury No.2 was declared as 337/A-1 PPC. The 3-
Injuries sustained to petitioner No.2/Tanveer Butt, out of which
Injury No.1 was kept under observation/KUO for X-Ray whereas
Injuries No.2 & 3 were declared as 337/F-1 PPC, subsequently
injuries No.1 & 3 sustained to petitioner No.1/Jamal Din were
declared as U/S 337/F-5 PPC vide report No.5792-94 dated:
21.08.2014

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whereas injury No.1 sustained to petitioner No.2/Tanveer Butt was
declared as 337/A-2 PPC vide report No.5795-96 dated:21.08.2014.
 Copies of MLCs are attached as Annexure……“B” & “B/1”
respectively.

 That the accused/culprits moved an application for constituting

medical board for re-examination of injured/petitioners before the
learned Magistrate and obtained dated:28.08.2014 through
misleading. The medical board was constituted, comprising upon
respondents No.2 to 5. The accused/culprits joined hands with
respondents No.2 to 5 who submitted reports/opinions as per wishes
and accord of accused persons vide reports No.10774-80
dated:16.10.2014 (regarding petitioner No.1/Bashir Ahmad), relevant
is reproduced as under:-

Opinion: In the light of the data on record, observation on re-

examination, the standing medical board is of the unanimous considered
opinion that:-

 About injury No.1, board agrees with the opinion/report of 1st

Examining Medical Officer.
 About injury No.3, possibility of manipulation by friendly hand can-
not be ruled out as the injury located at non vital and accessible part
of body.

 About injury no.2, no opinion can be expressed at this stage as there

is no mark of violence present at the time of re-examination,

Whereas impugned report No.10535-41 dated:10.10.2014 (regarding

petitioner No.2/Tanveer Butt) is as under:-

 About injury No.1, possibility of manipulation by friendly hand can-

not be ruled out as the sear is superficial, in a straight transverse line,
did not damage the underlying visceras after having such a big injury,
on accessible part of body and having tailing/tapering on both ends.
 About injury No.2, board agrees with the opinion report of 1st
Examining Medical Officer.
 About injury No.3, no opinion can be expressed at this stage as there
is no mark of violence present at the time of re-examination.

The respondents No. 2 to 5 prepared impugned reports just

to provide undue favour illegal shelter to
accused persons which is

evident from the impugned reports. Copies of impugned reports are

attached as Annexure……. “C” & C/1 respectively.

 That impugned reports are against the fact and record, same have
been prepared by respondents No.2 to 5/standing medical board, just
to provide undue favour/illegal shelter to accused persons, which are
liable to be set-aside/recalled by interference of this honourable court,
inter-alia on the following amongst other:-

GROUNDS

 That the petitioners were medically examined on the day of

occurrence i.e. 11.08.2014, concerned medical officers declared
some injuries on same days whereas some injuries were kept under
observation/KUO regarding which reports/opinions were given on
21.08.2014 whereby injuries were declared as 337/A-2, 337/F-5
PPC and 337/F-1 & 337/A-2 PPC respectively whereas the
 respondents No.2 to 5 due to joining hands with accused persons
prepared impugned reports/opinions as per wishes and accord of
accused persons after long delayed period which has no value in
the eyes of law, therefore impugned reports are illegal,

against the facts and record, very much liable to be set-

aside/recalled by interference of this honourable courts.

 That the respondents No.2 to 5/Standing Medical Board merely

changed the injuries which do not fall under prohibitory clause
were not changed just to provide undue favour / illegal shelter
to the accused persons which clearly evident from the
impugned reports, therefore impugned opinions are
liable to be set-aside / recalled, having no value in
the eyes of law.

 That the highhandedness of respondents No.2 to 5/Standing

Medical Board was also recorded before Electronic Media but the
state functionaries have not taken any action. Copies of
photographs are appended as Annexure…… “D”.

 That the malice and malafide on the part of respondent

No.2/Standing medical board as well as joining hands with the
accused persons is also depicting from impugned reports that the
respondent No.2/Standing Medical Board re-examined petitioner
on 02.10.2014 and 17.09.2014 whereas impugned
 reports/opinions were prepared on 16.10.2014 and 10.10.2014,
(respectively), hence impugned reports/opinions have no value in
the eyes of law, same are liable to be set-aside/recalled, declared
null and void by interference of this honourable court.

 That other grounds available to be petitioners shall be submitted at

the time of final arguments.

 That the petitioners on receipt of impugned reports prepared

by respondents No . 2 to 5 by joining hands with accused
persons , immediately approached the respondent No.1
alongwith written application for setting-aside impugned
reports of respondent No.2/Standing medical board and to
initiate proceedings against the respondents No.2 to 5
but the grievance of the petitioners has not been redressed so far.
Copy of application submitted to respondent No.1 is attached as
Annexure…… “E”.

 That the petitioners have no other adequate, efficacious or speedy

remedy except to invoke the extra ordinary

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 constitutional jurisdiction of this Honourable Court to redress their
grievance, hence this petition.

PRAYER:-

Under the circumstance expounded above it is, most respectfully

prayed that the petition in hand may very kindly be accepted and the
impugned reports bearing No.10774-80 dated:16.10.2014 (regarding
petitioner No.1) and Report No.10535-41 dated:10.10.2014 (in respect of
petitioner No.2) issued by Respondent No2./Standing Medical
Board comprising of respondents No.2 to 5 may graciously be set-
aside/recalled being illegal, against the facts and record, as same is
product for ulterior motives/just to operation of impugned reports may
kindly be suspended and it would be in the supreme interest of justice.

It is further prayed that Respondent No.1 may kindly be directed to

constitute a provincial medical Board for re-examination of the
petitioners to meet the ends of justice.

Any other relief to which this Honourable Court deems fit and
appropriate may also be awarded.

PETITIONERS

Through:

(MUDABER HUSSAIN QURESHI)

Advocate High Court

C.C.No.P-LH-00000 Umar
Arcade 4th Floor
 Jain Mandir Stop, Lahore.

Dated:24.10.2014

CERTIFICATE:-
 As per instructions, this is first petition on the subject before this
Honourable court.
 There is no adequate and speedy remedy available to the
petitioners except to invoke the constitutional jurisdiction of
Honourable Court.

ADVOCATE

IN THE LAHORE HIGH COURT, LAHORE.

In re:-

Bashir Ahmad Vs Govt. of the Punjab, etc.

AFFIDAVIT
of Bashir Ahmad son of Baba Shehbaz, resident of Ayya-Pur, Tehsil

Shariqpur, District Sheikhpura.

I, the above named deponent do hereby solemnly affirm and declare

as under:-

That the averments as contained in the accompanying

petition are correct and true to the best of my knowledge and belief.

Deponent

VERIFICATION:-

Verified on oath at Lahore on 24.10.2014 that the contents of

this affidavit are correct and true to the best of my knowledge

and belief.

Deponent