| Case ID |
45102a1c-05d5-4014-8ae9-5d30de544871 |
| Body |
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| Case Number |
Writ Petition No. 17716 of 2021 |
| Decision Date |
Dec 24, 2021 |
| Hearing Date |
Dec 24, 2021 |
| Decision |
The Lahore High Court dismissed the petitioner's application under Section 22-A of the Criminal Procedure Code, stating that the Justice of Peace had validly dismissed the case based on the medico-legal certificate which indicated a possibility of fabrication of injuries. The Court emphasized the importance of providing cogent reasons in medico-legal opinions to ensure their evidentiary value, highlighting the necessity of a qualified medical examination system for a fair trial as guaranteed under Article 10-A of the Constitution. The High Court directed that the medical examiners must meet minimum qualification thresholds and provide justifications for their opinions to prevent miscarriages of justice. |
| Summary |
In this significant case adjudicated by the Lahore High Court, the petitioner challenged the dismissal of his application under Section 22-A of the Criminal Procedure Code, which pertains to the registration of cognizable offenses. The court's ruling underscored the critical role of the medico-legal system in criminal justice and the need for medical examiners to provide detailed rationale for their opinions. The judgment highlighted systemic issues within the medical examination process, including the alarming statistic that 90% of medical examiners lack adequate training. This raises concerns about the integrity of medico-legal evidence and its implications for the right to a fair trial as guaranteed under Article 10-A of the Constitution of Pakistan. The court's decision is a pivotal reminder of the necessity for qualified medical practitioners in the judicial process to ensure justice is served effectively. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI ZIA BAJWA, J
|
| Lawyers |
Learned Counsel for the Petitioner,
Learned AAG
|
| Petitioners |
MUHAMMAD NASIR
|
| Respondents |
JUSTICE OF PEACE and others
|
| Citations |
2023 SLD 467,
2023 PCRLJ 222
|
| Other Citations |
Muhammad Sultan's case PLD 2014 SC 696,
Sohbat Ali v. Muhammad Aslam PLD 2012 SC(AJK) 1,
State of Himachal Pradesh v. Jai Lal and others (1999) 7 SCC 280,
Wilson v. State, 26 A.2d 770, 181 Md. 1 - Crim Law 478(1),
Davie v Magistrates of Edinburgh [1953 SC 34]
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
22-A,
154
|