Peshawar: Doctor granted bail in child selling case
PESHAWAR: The Peshawar High Court on Friday granted bail to a female doctor accused of selling newborn babies at a private health facility here. A single-bench comprising Justice Mazhar Alam Miankhel allowed Dr Fatima the bail, which two lower courts had refused her. Justice Miankhel directed her to furnish two sureties of Rs300,000 each after the court was informed that the petitioner had a nine-month-old infant with her at the Peshawar Central Prison.
Dr Fatima was arrested by the local police on June 2 and an FIR was registered against her at the Tehkal police station. The police had also recovered a five-month-old baby boy from the lady doctor she was allegedly selling for Rs360,000.
Advocate Shah Faisal Utmankhel appearing for the petitioner contended that police falsely implicated his client in the case. He recalled that initially the police had registered a case under section 371–A (selling for purpose of prostitution) and 371-B (buying for purpose of prostitution) of Pakistan Penal Code, which did not hold water.
Only on the advice of the district prosecution did the police incorporated section 372 and 373 PPC, which had already been repealed in 1979 through the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
The counsel contended that there was no evidence on record to prove that the petitioner was selling the infant. Dr Fatima herself had a suckling baby at the prison and thus entitled to be released on bail, he argued. The local police claimed that the petitioner was caught red-handed while negotiating the deal. It was alleged that the police had conducted a sting operation as a female constable was under cover and she had visited the lady doctor.