PESHAWAR: The Peshawar High Court has ordered the quashing of a case registered against over 26 doctors last year for rioting following a demonstration against the enactment of a health-related law by the provincial government.

The order was issued by a bench consisting of Justice Mohammad Ibrahim Khan and Justice Ishtiaq Ibrahim as it accepted a petition of Provincial Doctors Association chairman Dr Zubair Zahir seeking the quashing of the Sept 27, 2019, FIR registered at the Khan Razik Shaheed Kabuli police station against 26 doctors and several other protesters.

The bench ruled that the false implication of the petitioner in the case on the basis of mala fide and ulterior motive couldn’t be ruled out.

Thirteen doctors were arrested during their clash with police personnel deployed the Lady Reading Hospital, Peshawar. They’re released on bail afterward.

The case was registered under different provisions of the Pakistan Penal Code dealing with rioting, obstructing of public servants in discharge of public function, disobedience to order promulgated by public servant, criminal intimidation, and causing of injuries to people.

The police had alleged that the protesting doctors had disrupted the peaceful hospital environment and pelted their officers with stones injuring inspector Wajid Shah, constables Ali Ahmad, Daud and Dawran Khan and woman ASI Saima.

They added that reporter of private TV channel Sheeba Haider had suffered injuries.

Imran Hashtnagar, lawyer for the petitioner, said the police had registered a concocted case against medics.

He claimed that the doctors and other health professionals were peacefully protesting the enactment of a controversial law, Regional and District Health Authorities Act, 2019, when the police hurled teargas shells at them and baton-charged them injuring several protesters.

The detailed judgment declared that the medicolegal report of Ms Saima, Sheeba Haider and Ali Ahmad showed that no injury was found on their bodies and that they were vitally stable and walking.

It added that on record, the injury sheets of other injured persons and their medicolegal reports were not available.

The bench observed that in the incident, petitioner Dr Zubair Zahir, Dr Haider Ali Shah and Dr Mudassar had also suffered injuries. It added that the petitioner had received lacerated wound on scalp with bleeding.

The bench observed that a big protest was in progress against the government and the petitioner and other doctors were injured by the police.

“The FIR appears to be mala fide as almost all injured were doctors, who participated in the protest, which was their constitutional right, so the continuation of the proceedings would be a futile exercise and a waste of time,” it ruled.

The bench declared that in view of the material on file, no offence had been made out, while the charge on the face of it appeared to be groundless and there was no possibility of conviction.

Published in Dawn, May 7th, 2020