Not tolerated within Indian legal system's framework: Court orders FIR against doctor for false medical report

New Delhi: A local court in Delhi has taken serious action against a doctor at Indira Gandhi Hospital for allegedly helping the police cover up a case of custodial torture. The court has ordered that an FIR be registered against the junior resident doctor for preparing a false medical report that showed the accused had no injuries. Later, the evidence proved otherwise.

The incident came to light when the accused was brought before the court on April 5 after being arrested by the Delhi Police. He was accused of using forged documents to get a Portuguese passport. The accused was on his way to Kathmandu, Nepal, using his voter ID. However, during document verification, it was found that he had earlier travelled to the UK on his Indian passport and later obtained a Portuguese passport by forging the identity of another Indian passport holder. 

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During the court hearing, the accused told the judge that he had been physically tortured while in police custody. The judge, ACJM Pranav Joshi, spoke to the accused privately in his chamber and found bruises on his arms and feet. Noting this, the judge denied the police's request for a 10-day custody remand, reports Live Law. 

However, the medical report submitted by the junior resident doctor from Indira Gandhi Hospital stated that the accused had no injuries. Later, a medical re-examination was done by jail doctors, who confirmed injuries on his right sole foot, right and left arms and left shoulder.

Taking serious note of the latest medical report, the Judge ruled, “Custodial violence is not something which is tolerated within the frame work of Indian legal system. It has been a consistent view of the Indian Constitutional Courts that physical abuse and violence strikes at the very foundation of the democratic set up where the liberty of an individual is considered sacrosanct."

Further, it added, 

“The acts of the police officials prima facie attracts section 117/19/126 BNS. Further, the role of the doctor i.e. Dr. **, Junior Resident of Indira Gandhi Hospital, who conducted the MLC of the accused, also appears to have conspired with the police officials. The concerned doctor appears to have deliberately ignored the injury of the accused and prepared a false report in contravention of the provisions of sections 256 BNS, apart from conspiracy."

The judge directed that the Delhi Medical Council be informed so that they can take action against the doctor for his professional misconduct. A copy of the accused’s medical report will also be sent to the Council.

“The order be sent to Delhi Medical Council to initiate inquiry against Dr. Aman Gahlot, Junior Resident of the Indira Gandhi Hospital for his misconduct in discharge of his duty as a medical practitioner through SHO PS IGI Airport along with copy of MLC of the accused,” the Court ordered.

Additionally, the court ordered that an FIR be registered against the Delhi Police inspector involved in the alleged torture. The SHO has been told to investigate the role of all police officials linked to the case, and the Worthy Special Commissioner of Delhi Police has been asked to ensure a fair and impartial probe.

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