HYDERABAD: Court asks applicant to approach DPO for FIR
HYDERABAD, Oct 12: The Sindh High Court, Hyderabad circuit bench, has ordered registration of a case against a forensic expert if the DPO finds that the report of autopsy on the body of a woman , who had been administered insecticide, was tempered with and a cognizable office was made out.
Justice Amir Hani Muslim passed the order on Tuesday on a criminal revision application praying the court to set-aside an order of the session's judge of Nawabshah dated September 8.
According to applicant Mohammad Bux Jamali, his cousin Kazbano was administered a poisonous insecticide by her husband Rehan and his relatives Shabbir and Sultan Jamali on April 26 because of a matrimonial dispute, causing her death.
She was buried by the accused who did not inform her parents of her death. On Jamali's application, the session's judge ordered exhumation and autopsy of the body for which a medical board was constituted.
The board comprised an assistant professor of forensic medicine department at the People's Medical Hospital Nawabshah, Dr Mir Mohammad Sahito, Dr Anwar Ali Akhund, Dr Mehfooz Ahmed Qureshi and Dr Wahida Noorani.
After exhumation of the body, a report was issued mentioning insecticide as cause of her death. However, in the conclusion of the report, Dr Sahito wrote that it was not clear in which way had the victim died.
When Mr Jamali approached Dr Sahito, he said that he would delete the sentence if he was paid Rs50,000, otherwise he would get the amount from the accused party.
On Mr Jamali's application, the provincial secretary of health department called a report from the chairman of the medical board, who stated that he had disagreed with the additional sentence.
The applicant said that he then moved another application before sessions judge Nawabshah Syed Zakir Hussain who ordered that matter did not need further action. Challenging the sessions judge's order through a criminal revision application filed on Wednesday, the applicant sought action against Dr Sahito for tampering with the exhumation report.
Dr Akhund, Dr Qureshi and Dr Noorani, who were present in the court on Tuesday, said that they had not consented to the disputed sentence. Mr Jamali said that departmental proceedings on his application had not been commenced against Dr Sahito as he was an influential person.
He pleaded that Dr Sahito should not be allowed to submit such reports or change them for monetary considerations. He requested action against the doctor in order to restore confidence in the medical profession.
The court ordered that the applicant could submit an application before the DPO who would examine its contents and if a cognisable offence was made out, the DPO should order registration of FIR against the doctor within three days.