Petitioner seeking to consume poison publicly denied permission by LHC

22 Oct, 2023

LAHORE: The Lahore High Court dismissed a petition of a citizen, Sarwar Taj, seeking permission to take poison publicly at Muchi Gate ground, Lahore.

If he remains alive, the government will be directed to follow his prescription to cure cancer patients; if he died in his experience, no one would be responsible for his death, he prayed in the petition.

The court observed that the instant petition appears to be more of a publicity stunt behind the veil of public interest, which cannot be entertained and is liable to be dismissed outrightly.

Needless to observe here that such permission, if issued, may disturb public order and encourage others to indulge in such unlawful practice, the court added.

This court cannot issue the direction sought where the same carries the potential risk of commission of any offence in the statute book.

The court said the petitioner failed to point out any provision in law conferring authority upon the government of Punjab or the district administration to grant the permission he sought.

On a court query, the petitioner confirmed that he was not himself a cancer patient. The court, therefore, said it is not a case of euthanasia, the practice of ending the life of a terminally ill patient to limit his or her experience of great pain and suffering.

The court said in some countries, including India, there is judicial acceptance of a degree of euthanasia in recognition of a person’s fundamental right to die with dignity.

If at all and how far the plea of euthanasia is tenable in Pakistan in the context of provisions of Articles 2A, 14 and 20 of the Constitution is not a matter in issue here; therefore, it would not be appropriate to delve into that question, the court added.

However, when the petitioner is not a terminally ill patient and permission is not being sought to limit his experience of great pain and suffering instead for a risky experiment to create a public spectacle, the court concluded that no direction for such permission is warranted by law.

Copyright Business Recorder, 2023

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