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Published 15 Oct, 2023 06:39am

Detailed verdict on plea for consuming poison: Petition smacks of publicity stunt, rules LHC

LAHORE: The Lahore High Court has ruled that a petition for publicity stunt filed behind the veil of public interest cannot be entertained.

Justice Raheel Kamran Sheikh made the ruling in a detailed judgement dismissing a petition of a citizen seeking permission to consume poison claiming that he would not die due to a God-gifted expertise.

Sarwar Taj, the petitioner in person, said no one would be responsible for his death if he dies in his experiment of taking poison at a public gathering.

If he remains alive, he said, the government should be ordered to follow his prescription to cure cancer patients to avoid exorbitant medical costs for the treatment and cure of such patients.

The petitioner said he secured his ‘prescriptions’ from wisdom of saints, which he believes is the best way for curing cancer patients.

The judge observed that what the petitioner sought in relief is a public representation of his act of consumption of a substance that he believes would not cause his death but may cure cancer patients.

He said the relief sought by the petitioner, if allowed, is not only likely to be in violation of the prohibitions in different laws constituting offences but perpetuate anarchy in the field of drugs.

The judge said the petitioner confirmed he was not a cancer patient, therefore, it is not a case of euthanasia (the practice of ending the life of a terminally ill patient to limit his or her experience of great pain and suffering).

Justice Sheikh noted that Islam is the state religion of Pakistan, which is manifest from Article 2 of the Constitution, whereas a sizable population consists of non-Muslims.

The judge chose not to delve into the question how far plea of euthanasia is tenable in Pakistan as it was not a matter before the court.

However, the judge observed that when the petitioner is not a terminally ill patient and the permission is not being sought to limit his experience of great pain and suffering rather for the purpose of life risking experiment to create public spectacle, no direction for the grant of such permission is warranted by law.

The judge said such permission, if issued, may disturb public order and encourage others to indulge in such unlawful practice.

He said it would not be appropriate for the court to issue any direction to the government to allow the petitioner to publicly consume a substance not registered with the Drug Regulatory Authority of Pakistan after trials and evaluation of its safety and efficacy when the same not only constitutes violation of law but criminal offences.

Justice Sheikh further ruled that the petition appeared to be more of a publicity stunt behind the veil of public interest and it cannot be entertained.

Published in Dawn, October 15th, 2023

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