ORDER SHEET
IN
THE HIGH COURT OF SINDH, BENCH AT SUKKUR.
Constt:
Petition No.D- 2156 of 2014
DATE ORDER
WITH SIGNATURE OF HON’BLE JUDGE
FOR KATCHA
PESHI
19th. August, 2015.
Mr. Mir Nawaz Kalhoro, Advocate for the petitioner.
Mr. Noor Hassan Malik, Asstt: A.G.
Through the instant
petition, the petitioner has resorted the following
reliefs:-
(a)
To direct the respondents to constitute a Super
Medical Board in order to examine the age of accused persons, so that the truth
should come on surface and furnish such report before this Hon’ble
Court, then this Hon’ble Court may pass an
appropriate order in this regard, as the accused persons under the political
influence obtained fake Age Certificates in order to save their skin from the
clutches of law.
(b)
To grant any other relief, which this Hon’ble Court deems fit and proper in circumstances of the
case.
(c)
To award the costs of this petition
2.
Learned Counsel for
the petitioner submits that the accused persons by using the political
influence have managed Medical Certificates regarding their age available at
Page No.21 to 31 from Special Medical Board at PUMHSW, Nawab Shah (SBA)
and on the basis of which the learned Additional Sessions Judge, Moro has
passed the order in Sessions Case No. 188 of 2013, Crime No. 07 of 2013 of
Police Station, Leghari, District Naushahro
Feroze vide
dated 29.5.2014 has declared three accused persons as Juvenile Offenders within
the meaning of Juvenile Justice System Ordinance, 2000 and has further issued
directions that their cases shall be proceeded under the Juvenile Justice
System Ordinance, 2000 in camera trial. Per learned Counsel the petitioner has
requested for constitution of Super Medical Board for re-examination of the age
of the accused persons.
3. Pursuance to the Court
notices, the comments have been filed on behalf of the respondents whereby the
allegations as contained in this petition have been denied. It has been stated
that the Medical Board comprising of senior doctors was constituted in
accordance with law who has given it’s
opinion regarding the age of the accused persons, whereas learned trial Court
has passed the orders thereon. It has been further stated that there is no
provision of constituting Super Medical Board and such practice has been done
away since 2006. Learned Asstt: A.G submits that the instant petition is
misconceived and is liable to be dismissed, whereas the petitioner has already
filed a Criminal Revision Application No.S- 48 of
2014 which is pending before a single bench of this Court whereby the
petitioner has agitated the same grievance against the earlier order passed by
the learned trial Court as referred herein above. It is further stated that the
petitioner is seeking the remedy already availed in respect of dispute
regarding age of the accused persons.
4. We have heard the learned
Counsel for the parties and perused the record. The prayer of the petitioner
referred herein above under similar circumstances cannot be entertained for the
reasons that the impugned Medical Certificates for age issued by the Special
Medical Board have duly been considered and relied by the Additional Sessions
Judge, Moro vide order dated 29.5.2014 has held that three accused persons at
the time of committing the offence were Juvenile, hence are liable to be tried
under Juvenile Justice System Ordinance, 2000. We are of the opinion that under
such circumstances orders for modifying as per the request of the petitioner
cannot be entertained. Moreover, there is no provision available under the law
for constitution of Super Medical Board as suggested by the learned Counsel for
the petitioner. Under the circumstances, we do not find any merit in the
instant constitution petition, which is dismissed. However, the petitioner is
at liberty to agitate his grievance in the aforesaid criminal revision
application, which is pending before a single bench of this Court.
JUDGE
JUDGE
A.R.BROHI