Police produced Dr Matloob, Dr Usmanul Haq, Dr Tajammul Butt and Dr Adil before the court seeking ten days physical remand on the plea to arrest the rest of the three doctors and also to recover evidence and the CCTV footage showing the action that took place in the hospital. However, the judge granted three days physical remand directing the Investigation Officer (IO) to complete and produce them again on July 9.
Counsel for the accused Shahid Iqbal Babar implored the court not to grant remand saying the IO had failed to collect any evidence. He contended that section 302 of PPC did not fall in this matter which is ‘intent to kill’. He told the court that these doctors had no grudge against the patients and especially the child adding that the doctors were being humiliated by implicating them in fake case. He said that if section 302 falls in this matter then it should also apply to car accident cases where a driver crushes some one to death. He said that no autopsy report was collected by the IO so far.
He said that under such circumstances the accused doctors should not be sent on physical remand. However, he vowed that the accused doctors will join the investigation if any evidence is brought.
He contended the court that crack-down against doctors was nothing but political victimization. He also submitted that the doctors who were charged for the crime had been arrested at 9.30pm from Services Hospital and were not present at Mayo Hospital where the child Fahad died, the time of death mentioned in the FIR was about 10pm.
Malik Awais Khalid another counsel for Dr Tajammul told the court that Dr Tajamal was on his way from Sialkot by Daewoo bus around 9:20pm, making it impossible for him to be present at the hospital.
The counsel meanwhile produced laptop before the court to show video made by the company.
On court’s inquiry about removal of drips, the accused respondent said that they could not comprehend doing such a thing. The IO responding to the court said that he could not collect any evidence as the hospital management had locked the doors of the room where the violence took place. Prosecution while assisting the court said that according to FIR the accused doctors not only removed the drip of the infant but also of other patients which is a crime.
According to the FIR registered by Muhammad Afzal, father of the one and half year old deceased Fahad, in Gawalmandi Police Station under sections 302,427,148,149 of PPC against Dr Usman, Dr Sulaiman, Dr Adil, Dr Asad, Dr Hannan, Dr Usmanul Haq, Dr Tajaml, stated that his son died due to criminal negligence of the doctors. He said that doctors who were treating his son removed the drip and let him die just to join YDA strike.