Gujarat HC stays medical council action against cardiologist over medical certificates for murder accused

Ahmedabad: In an interim relief to a cardiologist accused of helping a murder accused obtain temporary bail by allegedly issuing false medical certificates, the Gujarat High Court has stayed a sessions court order directing the Gujarat Medical Council to take action against him under the Indian Medical Council (Professional Misconduct, Etiquette and Ethics) Regulations, 2022.

The sessions court had directed the state medical council to take appropriate action against the doctor after finding that two medical certificates were issued by the doctor to support a murder accused’s bail plea which contained "untrue" details. It noted that failure to take action against doctors who issue unclear, inaccurate or misleading medical certificates could have adverse consequences for society.

Admitting the petition filed by the cardiologist challenging the Sessions Court’s order, Single Bench Justice M R Mengdey stayed the order and listed the matter for further hearing.

As per the latest media report by TOI, the case is related to a cardiologist from Keshod, who is accused of issuing two false medical certificates on June 3 and June 19 for a transporter from Veraval, currently in jail for a murder and extortion case.

Following this, the convict had submitted the certificates before the Veraval Sessions Court while seeking temporary bail. The prosecution, opposing the bail plea, alleged that the certificates were issued even though the accused was in jail and had not been examined by the doctor.

During the hearing of the bail application, Additional Sessions Judge J J Pandya issued a notice to the doctor seeking an explanation about the certificates.

The doctor informed the court that the certificates reflected his medical opinion based on the patient’s condition and information provided by relatives. 

The Sessions Court, however, found that the two certificates had been used for different purposes. It observed that one was intended to help the accused receive outside food while the other was meant to support his request for temporary bail. The court described the details mentioned in the certificates as "untrue".

Instead of ordering prosecution under the Bharatiya Nyaya Sanhita (BNS), the sessions court on August 11 directed the Gujarat Medical Council to take appropriate action against the cardiologist for alleged misconduct under the Indian Medical Council (Professional Misconduct, Etiquette and Ethics) Regulations, 2022.

"It is often seen that influential and resourceful individuals who are involved in criminal activities and are lodged in jail seek to secure their release or obtain relief from incarceration by taking the assistance of doctors. They get admitted to hospitals on medical grounds and, in some cases, continue to stay there for extended periods as though they were staying in a hotel…if a doctor issues a certificate that is unclear, inaccurate, or misleading, and no action is taken by the court against such conduct, it can have adverse consequences for society," the session court said in its order, quotes TOI.

Challenging the order before the High Court, the doctor's counsel argued that a court hearing a bail application could not issue such directions against a doctor and that ordering the medical council to take action against a doctor was not in its jurisdiction as well.

The bench, after hearing the matter, stayed the sessions court’s order. The petition will next be heard on January 6, 2027.

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