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