KARACHI: The Sindh High Court (SHC) has observed that the enactment of the Sindh Medico Legal Act, 2023 was a progressive step, but it required implementation through rule-making and appointments.
The SHC directed a committee, headed by the Sindh chief secretary, to ensure compliance with the law, frame rules within six weeks and approve the schedule of new expenditures (SNEs) for appointment of police surgeons and medico-legal officers (MLOs).
A two-bench, comprising Justice Salahuddin Panhwar and Justice Adnanul Karim Memon, was hearing a petition in which the petitioner sought justice for his daughter who died mysteriously after the alleged domestic abuse by her in-laws, on the ground that a flawed post-mortem and mishandled investigation hindered the justice.
The petitioner also pleaded for a thorough investigation, a medical board to ascertain the cause of death of the woman, action against the officials concerned and prosecution of the culprits.
Allowing the petition, the SHC directed the sessions judge of Lakki Marwat through registrar of the Peshawar High Court to appoint a judicial magistrate to oversee the exhumation of the victim’s body. A special medical board would determine the cause of death and submit its findings to the magistrate concerned, it said.
The bench noted that at the last hearing, it had ordered the Sindh chief secretary and home secretary to form a committee to ensure implementation of the law by framing rules and approving appointments based on court guidelines reported in PLD 2023 Islamabad 195 and federal SOPs.
“Primarily, the Sindh Medico Legal Act of 2023, while a progressive step, requires implementation through rule-making and appointments. A coordinating committee, led by the chief secretary, is directed to ensure compliance with the act, frame rules within six weeks, and approve SNEs for appointment of police surgeons and MLOs”, it added.
The bench also asked legal experts, including Advocate Muhammad Bilal Rashid, to assist the rule-making body and ordered that such exercise be completed within three weeks positively without fail.
The amicus curiae, Farah Khan Yousufzai and Ibadul Hasnain, submitted that the code of practice, performance and standards for public pathology in different countries be considered while framing the rules and there was guidance for conducting post-mortem examinations, including the second post-mortem.
Published in Dawn, November 2nd, 2024
