BARINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) WRIT Petition No. 1696 of 1997 was filed in public interest which brought into focus the menace of self-styled doctors and quacks practicing in the States of Punjab, Haryana and U.T. Administration, Chandigarh. Such self styled Doctors and quacks were according to the petitioner neither registered as medical practitioners under the Indian Medical Council Act, 1956 nor possessed any recognised degrees or other qualifications that could entitled them to practice medicine in any known and recognized system like Homeopathy, Ayurveda, Unani and Allopathy. The hazards arising out of such unauthorised self styled quacks who are taking the gullible and innocent in the society for a ride were also pointed out by the petitioner in an attempt to stamp and rout out the menace.

(2.) BY an order dated 04.11.1997, a Division Bench of this Court directed the Director, Health and Family Welfare, Punjab to take action against all such persons practising medicines in allopathy in various Districts of Punjab without medical degree recognised by the Medical Council of India. He was also directed to give clear instructions in that regard to the Civil Surgeons concerned and file a compliance report within a period of one month.

(3.) THE Indian Medical Council of India has in the present review application sought modification of the above directions of this Court in so far as the same suggest that the offence punishable under Section 15(3) of the Indian Medical Council Act, 1956 has by reason by an amendment become cognizable. Mr. Gurminder Singh, learned counsel appearing for Medical Council of India submitted that the statement attributed to Mr. Patwalia was made under some misconception regarding an amendment to the provision of Section 15(3) of the Indian Medical Council Act, 1956. He urged that no amendment to Section 15(3) of the Indian Medical Council Act, 1956 had infact been introduced either in regard to the period of imprisonment or otherwise. The observation made by this Court that the offence punishable under Section 15(3) of the Indian Medical Council Act, 1956 was cognizable, was therefore, factually incorrect and required to be recalled. He further stated that the action is being taken against those violating the provisions of the Act by filing appropriate complaints before the competent jurisdictional Courts and urged that this Court could issue a direction so that the process of identification of such unauthorised and self styled quack continued and those indulging in such mal- practices were brought to book.