SHC dismisses bail pleas of quack doctor, two others in woman murder case

The Sindh High Court has dismissed bail applications of three accused, including a woman
quack doctor, who were booked for causing the death of a pregnant woman during a cesarean
section.
Fozia Rani, Mohammad Naseer and Tariq Jawed were booked by the Landhi police for
committing the murder of Sidra during a cesarean section in a private clinic.
According to the prosecution, applicant Fozia Rani conducted the operation on Sidra though she
was a lady health visitor and had no MBBS degree. She was assisted by operation theater
technicians, who also had no valid licence.
The applicant’s counsel submitted that Fozia was falsely implicated in the case as the operation
was conducted by Dr Shireen and she was not present at the time of the operation in the clinic.
The counsel for other applicants submitted that their clients were technicians and their duty was
to check whether machines installed in the operation theatre were properly working or not and
they had no link with the commission of the offence.
The additional prosecutor general opposed confirmation of bail, submitting that all accused were
involved in the offence. He said Fozia was running a clinic in the name of Dr Fozia, whereas she
was only a lady health visitor, while accused Tariq’s certificate as technician was found fake by
the Sindh Medical Faculty.
He said Dr Shireen was present in Hub, Balochistan, on the day of incident; therefore, the
applicants’ claim that he operation was conducted by Dr Shireen had no force.
A single bench, headed by Justice Amjad Ali Sahito, after hearing the arguments of the counsel,
observed that admittedly accused Fozia being an LHV was running a maternity clinic, whereas
she was neither an MBBS doctor nor a gynecologist.

The court observed that the role assigned against Fozia was that she conducted the cesarean
operation despite having no required qualification, resulting in the death of the patient. It said
that the applicant also committed forgery as she was running a clinic and presenting herself as a
doctor.
The court observed that both co-accused, despite knowing that Fozia was neither a doctor nor an
expert, remained in the operation theatre and did not show any resistance over the operation
being conducted by the LHV, and as such they also shared their common intention in
participating in the operation.
The court observed that this was not a case of simple negligence or a case of Qatl-e-shibh amd,
Qatl-e-bis sabab. It said Fozia, being an LHV, was running a clinic and conducting the cesarean
operation, knowing that she was neither an MBBS doctor nor a gynecologist, and if any mishap
happened, she could not handle it and the patient could lose her life.
The court further remarked that this happened in the present case in which a young woman lost
her life when a wrong cesarean operation was conducted by the applicant.
The court further observed that this was a murder case of one innocent patient, who lost her life
at the hands of these quack doctors, untrained and unqualified. It said the applicants failed to
make out their case for confirmation of pre-arrest bail, which are recalled, and dismissed their
bail applications.

Source: The News