Doctors disclosing medico-legal post-mortem findings to media before investigating agencies get report to face contempt: SC

New Delhi: The Supreme Court of India has recently ruled that forensic doctors who reveal post-mortem findings in medico-legal cases to the media before the investigating agencies get the report will be held guilty of contempt of court.

According to The Telegraph report, the observation came while the court was hearing petitions filed by an individual challenging his conviction for abetting the suicide of a Telugu actress, along with a plea by the actress’s mother alleging that her daughter had been gang-raped and strangulated.

The apex court held a Hyderabad-based forensic doctor guilty of committing contempt of court for leaking medico-legal findings.

A bench comprising Justices Vikram Nath and Sandeep Mehta said that when doctors publicise post-mortem findings prematurely, it can seriously affect the investigation and the justice process.

"This court is of the view that the impact of a doctor issuing an erroneous post-mortem report and publicising it through the media goes far beyond individual misconduct. It spreads misinformation, erodes trust in investigative agencies and institutions such as the police and judiciary, prejudices public opinion, traumatises the victim’s family, and undermines the rule of law," the bench stated. 

Reiterating that such misconduct eroded public trust in medicine, law and governance, the court observed,  

"It also violates the sub-judice rule, which restricts commentary on matters under judicial consideration to preserve fairness and integrity. The court emphasises that justice is not served by following majority sentiment or public pressure. Justice is served by truth, established through evidence and impartial investigation. While public outrage is understandable in high-profile cases, it should never dictate the course of inquiry."

As per The Telegraph news report, the bench held Hyderabad-based forensic doctor guilty of committing contempt of court. However, the doctor passed away in 2009.

The apex court said it agreed with the findings of the Central Bureau of Investigation that the forensic doctor had issued an erroneous post-mortem report and made premature and sensational claims in the media.

Medical Dialogues had earlier reported that the Supreme Court issued notice on a public interest litigation seeking statutory rules or executive instructions for criminal prosecution of doctors in medical negligence cases.