Duty of Medical Council to ensure that doctors do not indulge in offences: Madras HC

As the court was informed that disciplinary proceedings would be initiated against the doctor by the Tamil Nadu Medical Council, the court clarified that issuing false certificates for the purpose of leave was an offence, reports The Hindu.

Mentioning that the court relies on the medical certificates issued by the doctors, the HC bench comprising of Justice B Pugalendhi noted that if the practice of issuing false certificates continues, the bench wouldn't be in a position to rely on the doctors. "It was the duty of the Tamil Nadu Medical Council to eradicate such an impression created by some doctors and take appropriate action to ensure that doctors did not indulge in such activities," the court said.

Such observations came from the court, while it was considering the anticipatory bail plea of a person, who was arrested by police for being in possession of 1.20 kg of ganja. Afterwards, the accused was remanded in judicial custody back in February.

However, his arrest was followed by the COVID-19 pandemic, and consequently, a special court granted him interim bail and directed him to surrender before the police after a month.

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When the accused didn't surrender, an arrest warrant was issued in his name. Following this, the man, hailing from Thanjavur district, approached the High Court with an anticipatory bail plea and stated that he had suffered a fracture in his leg. For this, he also produced medical records before the court. However, the bail plea was contested and it was submitted before the court that the petitioner had obtained the medical certificate for the purpose of seeking leave.

The court considered the facts and came to the conclusion that the medical certificate was false and was issued by the concerned doctor only for the purpose of leave.

Following this, the Bench recommended to take appropriate action against the concerned doctor and was informed that already disciplinary proceedings were being initiated against the doctor by the state medical council, adds The Hindu.

At this outset, the bench comprising of Justice B. Pugalendhi pointed out how the court respects doctors and depends on the medical certificates issued by doctors before arriving at certain decisions.

However, slamming the practice of issuing false medical certificates, the bench clarified that it wouldn't be in a position to rely on the doctors if the practice continues.

The bench also clarified that the responsibility of eradicating such impressions created by a few doctors lies on the Tamil Nadu Medical Council and pointed out that the Council should take actions against the doctors to make sure that the doctors do not get involved in such activities.

Finally, dismissing the anticipatory bail petition, the bench expressed its hope that police would take appropriate action against the accused by arresting him.