Fruit sellers inflict eye, head injuries on Pakistani Christian sanitary worker
By Sheraz Khan —
Yousaf Masih, a Pakistani Christian sanitary worker from the Pakistani city of Gujranwala, has sustained critical injuries to his eye and head after Muslim fruit sellers assaulted him with a weighing stone used to weigh fruits in the Pakistani city of Gujranawala after Masih asked the fruit sellers to stack the garbage in one place on Monday, the 23rd of February.
Masih, 38, was collecting garbage at Jandiala Bagwala road Gujranwala when he asked the fruit sellers, who were sifting fruit, to stack the garbage in one place. No sooner had Masih made the request than at least four Muslim fruit sellers began hurling obscenities at Masih before severely beating him up with clubs. One of them hurled a weighing stone used to weigh fruits at Masih’s eye inflicting a serious ocular injury. Masih also sustained significant injuries to his head.
Masih’s supervisor phoned police who came to rescue him. Masih was subsequently taken to the district headquarters hospital Gujranwala where he was given first aid treatment. Assist News sources on the ground reported that Masih received six stitches to his affected eye.
Masih visited the local police station to get a police First Information Report (FIR) lodged, however, the police refused to lodge an FIR stating that they would first require a medico-legal report before they could lodge an FIR.
ANS understands that Masih was examined by a doctor on Monday, the 23rd of February, however, the medical report is not signed by the medical superintendent of the district headquarters hospital Gujranwala.
In what appears to be dilatory tactics on the part of the medical superintendent of Gujranwala, Masih was summoned on the 28th of February for a fresh medical examination.
Talking to ANS Sadequain Gardner, Advocate High Court, said that it is the police’s duty as part of its investigation to make sure that medical examination is in place. Advocate Gardner went on to say that police usually issue a police letter (requisition) for medico-
legal examination, and a police official may accompany the victim however, they do not supervise the medical proceedings.
Asked what legal course of action is open to Masih if police continued delaying the lodging of an FIR Advocate Gardner said that Masih could lodge an application to the Sessions court judge under section 22A and B of the Criminal Procedure Code of Pakistan whereby a magistrate could give the police direction to file an FIR.
“If police don’t comply with court orders, then Masih can file compliance under section 155 C of the Police Order 2002”, said Advocate Gardner.
Masih, Advocate Gardner said, could rely on the unsigned medical evidence in court under section 510 of Pakistan’s Criminal Procedure Code, stating that such evidence is admissible without legal proof.
The court could summon the expert if the accused or the prosecution disputed the medico-legal report, said Advocate Gardner.
Masih, who was taking care of his father, who recently suffered a stroke, earns PKR 37,000 which equates to US $132.60 a month. Masih does not have financial means to get medical treatment for his injured eye.
ANS understand that Masih’s supervisor, has been marking Masih as absent since he suffered injuries instead of placing him on paid sick leave.
Sheraz Khan is a Pakistani-British journalist. He lives in Scotland. He holds an LLB (Hons) Scots Law degree and a post graduate diploma in professional legal studies. He has previously worked for ASSIST News Service as its Special Correspondent in Pakistan and as its Asia Correspondent after moving to the United Kingdom. Sheraz has recently re-joined ASSIST News and is working as a Senior Correspondent for ASSIST News and God Reports (www.godreports.com). Sheraz can be contacted by e-mail: sheraz@btinterent.com
