HARDEEP SINGH SUNDRIA, ADVOCATE Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE instant petition filed in public interest has brought to the notice of this Court the fraudulent and erring medical practitioners in Government as well as private sector who have been indulging in illegal activity of preparing false and fictitious medico -legally reports (MLRs)/medical certificates/medical opinions on extraneous consideration. Such reports are made the basis for roping in innocent citizen in offences which directly interfere in the administration of criminal justice resulting in false trial of a number of such innocent persons. The petitioners have prayed for issuance of direction to respondents to handover the matter for proper and thorough investigation to the Central Bureau of Investigation (for brevity 'CBI'). The petitioners have specified some cases from Hisar like FIR No. 151, dated 06.04.2010, under Sections 420, 468, 471, 464, 465, 195, 197, 440, 327 and 34 IPC, P.S. Civil Lines, Hisar; FIR No. 365, dated 16.04.2010, under Sections 195, 196, 197, 420, 468 and 120B IPC, P.S. City, Hisar and FIR No. 132, dated 23.03.2010, under Sections 420, 195, 511 and 34 IPC, P.S. Civil Lines, Hisar (referred in P -1). In the aforesaid FIRs, the Medical Officers or private practitioners are accused of one offence or the other. The petitioners have also prayed that against the Government Medical Officers disciplinary action be initiated and against the private medical practitioners action for cancellation of their licences as registered medical practitioners be ordered as per provisions of Section 23 of the Indian Medical Council Act, 1956 (for brevity 'the Act'). Brief facts may first be noticed as per averments made in the writ petition. There are specific allegations made against the Medical Officer, Dr. Bhup Singh Khatri, Civil Hospital, Hisar. The other names given in para 2 are of the private doctors, namely, Dr. Jalvir Jangra, Dr. C.R. Garg, Dr. Anant Ram and their assistants, namely, Kuldeep of Anant Ram Medical Centre, Churamani Complex, Delhi Road, Hisar, Balwinder son of Dalbir Singh, Metro Hospital, near Dabra Chowk Bridge, Hisar, Sapra Hospital, Rajgarh Road, Hisar, Lifeline Hospital, Hisar and various other private hospitals. A specific reference has been made to various names given in the aforesaid FIRs. According to the petitioners, all these mal -practices have been prevailing under the nose of the Administration for the last about 10 years and no efforts have been made to prevent the abuse of process of law. A number of criminal cases, relating to hurt, grievous hurt, attempt to murder and murder are more or less based on medical evidence like MLRs/Medical Opinions/Medical Certificates etc. It docs not require any imagination that if medical reports are not authenticated then it would cause serious prejudice to either party to the criminal litigations. On account of their means and richness the mighty and powerful persons have been influencing the Government and private Doctors for obtaining medical reports of their choice. The procurement of injuries as per the fictitious medical certificate set the stage for prosecution of innocent as such certificate certified it to be a case of grievous hurt or attempt to murder or murder by manipulating other evidence. It has been happening more than often as is evident from the instant proceedings. Various complaints filed against such mighty and influential persons to the Police are not attended with the seriousness. To fortify his stand, learned counsel has placed reliance on various reports appearing in press also.

(2.) IN response to the notice of motion having been issued, respondents No. 1 to 3 have filed their reply through the Superintendent of Police, Hisar. In the preliminary submissions, reference has been made to a complaint made to the Police by the petitioner against Metro Hospital, Hisar with the allegations that a false FIR No. 165 dated 25.12.2009 under Sections 148/ 149/ 323/ 325 IPC, which was registered against him and his family. Later on Section 307 IPC was added. The case was registered in collusion with Sapra Hospital, Hisar on the allegation of false medical report. Thereafter, the petitioners traced out some touts and contacted Balwinder Singh employee of City Scan, Metro Hospital and Kuldeep an employee of AMC Hospital. They told them that they would arrange an MLR supporting allegations under Section 307 IPC from Metro Hospital, AMC Hospital or Doctor of other private Hospitals in consideration of Rs. 1,50,000/ -. The Police helped them in laying the trap which succeeded. The amount of Rs. 50,000/ - paid by the petitioners during the trap was recovered which tallied with the currency notes registered by the Police. Accordingly, an FIR No. 132 dated 23.03.2010, under Sections 420/ 195/ 511/ 34 IPC was registered at Police Station Civil Lines, Hisar against Dr. Sanjay Verma, Balwinder & Kuldeep. During interrogation, accused Balwinder Singh made a disclosure statement to the effect that he accepted Rs. 50,000/ - only after Dr. Sanjay Verma promised him for tendering desired medical opinion after charging Rs. 1,50,000/ - so as to add Section 307 IPC.

(3.) A separate reply has been filed by respondent No. 5, namely, O.P. Mittal, Registrar, Haryana Medical Council -cum -Additional Director General Health Services, Haryana, Chandigarh, After quoting Section 21 of the Act, respondent No. 5 has submitted that if any Medical Practitioner violates any regulation or provision of the said Act, which amounts to misconduct on his part then respondent No. 5 could take action under the aforesaid provisions. Reference has also been made to Chapter 7 and 8 of the Regulations known as Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002 (for brevity 'the Regulations'). On 14.02.2011, this Court directed the State to file reply on the broader issue to which pointed attention was invited vide this Court's order dated 06.09.2010 because it affects vitally the administration of justice. It was also directed that detail figures of false medical reports be furnished in addition to the steps taken by the Government to combat the menace of false and fictitious Medico -legal Reports/Medical Certificates. The Court also noticed the threats and intimidations meted out to the petitioner No. 1, Hardeep Singh Sundria. Even an FIR dated 20.11.2010 had been filed in the Police Station Civil Lines, Hisar. The Superintendent of Police, Hisar was required to submit a report of the action taken pursuant to the filing of the aforesaid FIR along with investigation undertaken. To ensure the personal safety of petitioner No. 1, Superintendent of Police, Hisar was directed to take necessary steps. The status report tiled by way of affidavit of Mr. Anant Kumar Dhul, IPS, Inspector General, Hisar Range, disclosed details of cases registered against the private as well as Government Doctors who are found involved in false and fabricated MLRs/opinions as well as the steps taken to provide the security to petitioner No. 1 as directed by this Court in order dated 14.02.2011. However, for filing of detailed reply, lime was granted.