Doctors illegally tried to help prisoner: HC notice to PGI Chandigarh Associate Professor, SR, MS over 'manipulated' medical certificate

The court's decision came after a prisoner filed a petition seeking an extension of his parole on medical grounds. During the proceedings, the petitioner's attorney presented a medical certificate from PGIMER, Chandigarh. According to this certificate, the petitioner was admitted to the hospital from August 6 to 10 of the current year and was recommended leave from September 1 to 15. This recommendation appeared to be solely because his parole was set to expire on September 1.

Upon reviewing the medical certificate, the Division Bench, comprising Justice Tarlok Singh Chauhan and Justice Ranjan Sharma, noted that;

"This is clearly evident from the fact that there is no leave suggested from the date of discharge, i.e. 10th August, 2023 up to 31st August, 2023, which prima facie goes to indicate that this Certificate has been manipulated by the petitioner and in such circumstances, even the Doctors, who have issued the Certificate, are equally responsible, after-all they could not have anticipated or foreseen that the petitioner would require leave in future, especially for the period mentioned therein."

Expressing serious concern about the matter, the court remarked;

"These doctors have wrongly and rather illegally tried to help the petitioner by issuing such Certificate."

Consequently, the court ordered notices to be issued to the doctors including an Associate Professor, Department of Nephrology, PGIMER, Chandigarh; (ii) the concerned Senior Resident, Department of Nephrology, PGIMER, Chandigarh; and (iii) the Medical Superintendent, Nehru Hospital, PGI Chandigarh. They were instructed to submit personal affidavits, elucidating the circumstances under which they issued the medical certificate.

The case was scheduled for further hearing on September 21.

As the petitioner had manipulated the Medical Certificate, he was directed to surrender within twenty-four hours. Failure to do so would result in his arrest by the police. Furthermore, the court directed the jail authorities to obtain records from Kanda Jail, which would provide insight into the petitioner's behavior during previous parole periods, as he had been incarcerated for the past 14 years.

Additionally, the court dispatched a copy of the order, along with the medical certificate, to Prof. Vivek Lal, Director of PGIMER, Chandigarh.

To view the original order, click on the link below:

https://indiankanoon.org/doc/3601234/