Calcutta HC Grants Interim Stay on Probe Against RG Kar Doctor, Cites Lack of Evidence

Kolkata: Citing lack of substantial evidence to support the criminal charges, the Calcutta High Court on Wednesday granted a six-week interim stay on the ongoing state police investigation against junior doctor Asfakullah Naiya, a prominent figure in the R.G. Kar case movement, who has been accused of misrepresenting his medical qualifications while practising privately at a clinic in Singur. 

The case concerns Naiya who has completed his MBBS and is currently pursuing a postgraduate course in ENT. However, the complainant in this case alleged that Naiya falsely claimed to be an ENT surgeon at a private healthcare facility while still undergoing his postgraduate studies.

While reviewing the case diary of Naiya, Single Bench Justice Tirthankar Ghosh questioned the grounds for initiating the investigation. In his opinion, the police relied on a document downloaded by the complainant from the private clinic’s website which mentioned Naiya as an MS (ENT) and referred to the clinic's Instagram page which the court considered insufficient to substantiate the allegations.  

Also read- Junior Doctor Accused of Falsely Claiming ENT Qualifications Files Plea in Calcutta HC

Further, the judge questioned the state police's hasty action in starting an investigation into the matter after registering an FIR without concrete evidence and documents suggesting that the complainant may have acted out of personal vengeance against Naiya after the court noted that he was a protester in the RG Kar case. 

"At this stage, I do not find any material to attach culpability for the continuation of the investigation. The initiation of the investigation was on questionable grounds. Prima facie, I find the petitioner made out a case... where a criminal proceeding is manifestly attended with mala fide, with an ulterior motive of vengeance and to spite the accused out of personal grudge," observed the bench, TOI reports. 

Medical Dialogues recently reported that Asfakulla Naiya, accused of falsely claiming to be an ENT surgeon, approached the Calcutta High Court to challenge a summons issued by the Bidhannagar police in connection with their ongoing investigation.

Previously, the West Bengal Medical Council issued a show-cause notice to Asfakullah Naiya in relation to the case. The West Bengal Junior Doctors’ Association bolstered the complaint, which first raised concerns when they noticed Naiya listing "MS (Master of Surgery)" as his qualification on a banner advertising healthcare services in Hooghly. The association had previously raised this issue with the state’s chief secretary, accusing Naiya of misrepresenting his academic qualifications.

The show-cause notice issued by the West Bengal Medical Council accused Naiya of practising as an ENT specialist without the necessary qualifications. It pointed out that Naiya, who only holds an MBBS degree, was not authorized to claim the title of ENT surgeon while still pursuing his post-graduation. Following this, a team of around 30 police personnel searched Naiya’s house in Kakdwip, South 24-Parganas.

Naiya stated that the police could have easily met him at RG Kar Hospital, but instead, the team travelled nearly 200 km to his house. A group of junior doctors has claimed that he was being targeted for his role as a "leader of the street protests" following the rape and murder at RG Kar on August 9.

Coming back to the hearing, the judge while granting the stay on the probe cited paragraphs from a previous SC order, in which it was stated that whenever an HC exercised its special powers... to quash an FIR on the grounds it was manifestly frivolous or vexatious, the court needed to examine the FIR more cautiously.

As per The Telegraph news report, Advocate Bikash Ranjan Bhattacharyya, representing Naiya, told the court, "The junior doctor had not issued any statement anywhere claiming to be an ENT specialist and the court should quash the probe against him."

After this, Justice Ghosh wanted to know from the state if any prescription or document was seized during the raid at Naiya’s house to justify the allegation. In response, Advocate Bandopadhyay told the court that Naiya used a prescription issued by the clinic in Hooghly and sought the court’s nod to conduct a search and seizure operation at the clinic.

After determining that the case lacked relevance and the complainant failed to provide supporting documents, the court ordered a six-week stay on the investigation.

Also read- Unqualified ENT Practice: WB Medical Council issues show cause notice to PG Trainee