A special division bench comprising Chief Justice Dost Mohammad Khan and Justice Waqar Ahmad Seth were hearing the case based on suo moto notice. The chief justice showed dissatisfaction on the inquiry report by the Health Department conducted by Dr Muhammad Zafar, Dr Shaukat Jamal and Dr Muhammad Iqbal Afridi. He rejected the findings of the report that the Hayatabad Medical Complex (HMC) authorities had acted upon the high court orders up to 70 percent regarding protective measures including installation of CCTV cameras in labour rooms and baby incubator and other documentation.
The HMC Medical Superintendent, Dr Said Ali Khan, and Dr Sumayya did not satisfy the bench about the protective measures taken by the HMC in respect of the high court orders to control the issue of babies that go missing from the government hospitals.
Dr Sumayya remained silent when the court asked about use of tags for the babies and mothers and proper documentation of those who take away the babies from the ward. The chief justice observed that first it was the duty of the hospital authorities to adopt protective measures to control the illegal acts, but when the courts provided them good guidelines they did not adopt it. The court observed that in the current case, by not adopting protective measures, the health officials’ committed contempt of court.
The court also recorded statements of the PCSW Chairperson Zubaida Khatoon and Maimoona, head of local NGO, who had taken away the baby girl of Uzma Ayub, an alleged gang-rape victim. Both the ladies defended the act and stated that they had been supporting the Uzma Ayub family for many months by providing it both legal and financial support. They claimed that they had acted in the best interest and safety of the baby girl.
In a contempt of court notice case, ASI Hakeem Khan and his relatives or supporters including Malik Ghali Bostan, Malik Haqdad and Kaleem Shah appeared in the court. Malik Haqdad and Malik Bostan appeared before the court and sought unconditional apology for contempt of court, but the bench refused. The bench asked the condemners’ lawyer to submit their replies in the contempt case within 10 days.
The bench also directed the CCPO Peshawar to enhance security of Uzma Ayub and her family members after she informed the bench that they were still receiving threats from Maulana Asif. The court issued show-cause notice to Maulana Asif and directed him to appear at the next hearing along with other condemners.
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