KARACHI: A judicial magistrate on Monday issued non-bailable warrants for the arrest of two doctors and four administration officers of a private hospital in the Nashwa death case.

Nine-month-old Nashwa was allegedly given improper treatment at the Darul Sehat Hospital on April 7 that paralysed her and led to her death.

A case has been registered against the hospital owner Amir Chishti and vice-chairman Syed Ali Farhan, and six absconding and four detained administration and medical staffers under Sections 302 (premeditated murder), 322 (manslaughter) 337 (Shajjah: causing hurt) and 34 (common intention) of the Pakistan Penal Code on the complaint of child’s father Qaiser Ali.

On Monday, the judicial magistrate (East) took up the matter and issued non-bailable warrants for arrest of the six suspects, who were absconding in the case.

The magistrate directed the IO to submit a final charge sheet in the case and fixed the matter for May 11.

The judge also asked the IO to arrest the absconders, including hospital’s director Irfan Aslam, executive director Dr Shehzad Alam, nursing head Dr Rizwan Azmi, chief medical officer Dr Syed Sharjeel Hassan, night duty doctor/RMO Dr Attiya Ahmed and Syed Shabbar Rizvi and produce them before the court on the next date.

On May 3, Dr Hassan and Dr Ahmed had escaped from the court of an additional district and sessions’ judge after their interim pre-arrest bail was dismissed.

Mr Chishti and vice-chairman Farhan are currently on interim pre-arrest bail.

Order reserved

Additional District and Sessions’ Judge (East) Mohammad Aslam Shaikh reserved his order on the bail applications of four suspects — Ahmer Shehzad, Atif Javed, Sobia and security in charge Waleed.

Their counsel Shaukat Hayat argued that the matter required further investigation since the toddler was not given wrong medicine, adding that Nashwa was wrongly injected the solution in vein instead of drip, which was done mistakenly.

He further argued that the prosecution added three different sections pertaining to the same offence, adding that the IO incorporated the charge of premeditated murder in the FIR under “pressure” from the statements of the victim’s father and the hype created in the media.

He said that the Sindh Healthcare Commission in its findings of inquiry into the matter had found midwife Sobia and trainee male nurse Agha Moiz as responsible for negligence, thus their case may be referred to the Pakistan Nursing Council for taking appropriate action under the law.

However, complainant’s counsel Muneer Ahmed Gilal opposed the bail applications stating that the role had been clearly assigned to both the nursing staffers. He pleaded to dismiss their post-arrest bail applications.

Last week, the IO filed an interim charge sheet against 13 administration and medical staffers of the hospital, including its chairman and vice-chairman.

The IO, Sub-Inspector Mohammad Saleem Khan, mentioned that the private health facility was inspected and the evidence was collected, including the CCTV footage, showing staffer Sobia Irshad preparing the injection and later nursing assistant Agha Moiz injecting the same to the girl.

It said that during initial interrogation Ahmer Shehzad, Atif Javed and Sobia confessed to their offence, adding that the toddler died during treatment at the Liaquat National Hospital, therefore, Section 302 of the PPC had been added to the FIR after recording further statement of the complainant.

The IO listed 25 persons as witnesses.

Published in Dawn, May 7th, 2019