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Delhi HC orders Police inquiry against doctor for allegedly issuing fake medical certificates to facilitate release of accused/convicts

The order was passed by a single Judge Bench of Justice Sanjeev Sachdeva while considering the bail/interim bail plea by an accused, Abdul Rehman.

Aditi Singh

The Delhi High Court has ordered an inquiry by Crime Branch, Delhi Police into allegations of issuance of fake medical certificates by a doctor to accused/convicts and/or their family members to facilitate their release on bail, interim bail etc. (Abdul Rehman vs State)

The order was passed by a single Judge Bench of Justice Sanjeev Sachdeva while considering the bail/interim bail plea by an accused, Abdul Rehman.

Rehman sought his release on the ground that his wife needed an urgent surgery for ovarian cyst.

To support his case, he submitted medical documents by one Dr. Gajinder Kumar Nayyar, N.C. Hospital.

When the Police visited the said hospital, it was found that the hospital did not have an ultrasound facility or facility to perform Cystectomy surgery and also that Rehman's wife had never visited the hospital.

The Police then visited another hospital with which Dr. Ganjinder was associated but he was not found to be present. When telephonically contacted and asked to come to his hospital for some clarification/verification, Dr. Gajinder refused to join the inquiry.

It was also found that the diagnostic centre concerned was locked and none of the given telephone numbers could have been contacted.

The Court was informed that there were other cases in which the release of inmates was sought on the basis of medical documents certified by Dr. Ganjinder. In one such case, the suspicion on the credibility of Dr.Gajinder Kumar Nayyar had already been raised.

The Court also took note of an order by Delhi Medical Council which recorded a complaint by an Additional District Judge against Dr. Gajinder Kumar Nayyar. As per the ADJ, it appeared that Dr. Gajinder Kumar Nayyar was in collusion with the accused in the case and had deliberately misled the Court on the aspect of surgery of the patient.

The Discipliary Committee of the Council had found the conduct of Dr. Gajinder Kumar Nayyar to be highly unbecoming of a medical practitioner and revoked his name from the State Medical Register for a period of 180 days.

Subsequently, there was another order by the Delhi Medical Council, suspending Dr Gajinder Kumar Nayyar's registration for a period of 365 days.

However, in spite of the suspension of his licence, Dr. Gajinder continued to practise as a doctor and issue medical certificates to accused, it was said.

Alleging that the probability of Dr. Gajinder being part of a syndicate, if any, could not be ruled out, Prosecution argued that several certificates were issued by him in serious criminal cases.

In view of the above, the Court ordered,

Keeping in view of the facts and circumstances, the allegations raised by the prosecution and the orders passed by Delhi Medical Council, in my view, it would be appropriate if an inquiry is conducted by the Crime Branch of the Delhi Police by an officer of the rank of Deputy Commissioner of Police into the allegations raised by the prosecution that Dr. Gajinder Kumar Nayyar is issuing fake medical certificates to accused/convicts and/or family members of the accused/convicts for extraneous consideration and not for medical considerations to facilitate then in obtaining favourable orders of bail, interim bail and suspension of sentence.
Delhi High Court

In-charge, Legal Cell, Delhi Police and the Directorate of Prosecution, Delhi have also been directed to examine their records and ascertain the number of cases in which an accused/convicts applied for his/her release in the last two years based on medical certificates and/or Pathological Reports issued by Dr Gajinder.

In case any merit is found in the allegations raised by the Prosecution, the Crime Branch is at liberty to proceed in accordance with law, without awaiting for any orders from this court, it was clarified.

The matter would be heard next on July 16.

Read the Order:

BAIL APPLN. 865-2020.pdf
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