A doctor, who was allegedly helping accused and convicts in getting bail or released from custody despite suspension of his licence, has come under the scanner of the Delhi High Court which directed the police to conduct an inquiry into the allegations of issuing fake medical certificates.
The high court also directed the Legal Cell of Delhi Police and the Directorate of Prosecution to examine their records and ascertain as to in how many cases accused or convicts applied for bail, interim bail and suspension of sentences in the last two years based on medical certificates and pathological reports issued by Dr. Gajinder Kumar Nayyar.
The high court's order came while hearing an interim bail plea of an accused in an attempt to murder case on the ground that his wife was having 'ovarian cyst', for which she needs urgent surgery as prescribed by Dr. Nayyar, who is Medical Superintendent at a private hospital in Dwarka.
The police, in its status report, referred to six cases where the accused sought bail on the pretext of illness of a family member and the medical reports in each case were issued by Dr Nayyar.
However, on verification, it was found that misleading facts were placed before the courts and either the patient's name was not found in the hospital's record or the hospital does not have the facility to perform surgery for which the medical document was issued.
The Delhi Medical Council, in its March order, has recorded that the doctor is running nursing home and pathology laboratory at Dwarka Mor in Delhi and it had also forwarded a complaint to the trial court which held it appeared that Dr Nayyar in collusion with an accused had deliberately misled the court on the aspect of surgery of the patient.
Justice Sanjeev Sachdeva directed that the inquiry shall be conducted by the DCP Crime Branch of Delhi Police in respect of the allegations levelled against the doctor and a report be submitted in the court.
The high court clarified that 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 judicial orders.
"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 them in obtaining favourable orders of bail, interim bail and suspension of sentence," the judge said.
The high court directed that the three status reports filed by the police and the orders of the Delhi Medical Council be forwarded to the Registrar General of the high court for forthwith circulating it to all the judges of this court, all the District Judges of Delhi for forthwith circulating it to all the judges of their respective courts dealing with applications for grant of interim bail, regular bail and suspension of sentence by accused person or convicts and Dr Nayyar.
The high court listed the matter for further proceedings on July 16 and directed the police to file a fresh report before the next date.
During the hearing, Delhi government standing counsel (criminal) Rahul Mehra along with additional public prosecutor Tarang Srivastava submitted that despite the suspension of the licence of Dr Nayyar with effect from April 19, 2019 till November 29, this year, he is continuing to practise as a doctor and issue medical certificates based on which several applications are being moved in courts seeking bail, interim bail and suspension of sentence by various accused.
The high court noted that certain cases were also mentioned in the status report in which it was alleged that based on medical certificates issued by Dr Nayyar, applications for bail, interim bail or suspension of sentence have been filed.
The prosecution also alleged that some of the certificates were fake and issued for the purpose of facilitating the accused or convicts in getting favourable orders and being released from custody.
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