Crime Branch to start investigation against Delhi Doctor for allegedly issuing fake certificates to convicts

Delhi: The Delhi High Court has ordered Crime Branch to conduct a probe against the doctor who has been suspended by the Delhi Medical Council for allegedly issuing fake medical certificates to convicts or their family members to facilitate them in obtaining favourable orders of bail, interim bail and suspension of sentence.

The accused, Dr Gajender Nayyar, has been temporarily suspended by the Delhi Medical Council (DMC) after he was found guilty of issuing fake medical certificates to accused or convicts. Meanwhile, the Delhi High Court has ordered to conduct an inquiry Crime Branch and file a 'status report' before July 16.

Justice Sanjeev Sachdeva also gave direction to the legal cell in-charge of Delhi Police and the Directorate of the prosecution to conduct a thorough examination of the records to ensure in how many of the cases accused or convicted have applied for bail after securing a medical certificate issued by Dr Nayar.

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 This action came after an accused named Rahman who was charged with an attempt to murder appealed for bail on the ground that his wife needs immediate surgery for ovarian cyst. The medical condition of his wife was testified by a medical certificate issued by doctor Nayar. However, in the sub-inspector Rohit Chauhan's inspection in the NC Hospital, he found the doctor was absent from the place, moreover, it also came to his notice that the hospital has no facility of ultrasound, hence performing a Cystectomy surgery is not a possibility.

When the doctor was questioned about health condition of the accused wife, he was not sure about the illness. A lot of his answers about Rukhsar's (the wife of the accused) medical condition were incorrect.

After checking the hospital records, there were discrepancies in statements and the documents submitted at the court, the police said. Then action was taken against the doctor and investigation was initiated to discover how many more such cases of fake medical certificates have the doctor indulged in.

The prosecution has also informed the court that the disciplinary committee of Delhi Medical Council has analyzed the facts and the details of several cases where they found that Gajendra Kumar Nayar had issued clinical summaries and medical certificate and even accepted the admission of the patient for irrelevant consideration and not on medical consideration. Delhi Medical Council has noticed that Dr. Gajinder Kumar Nayyar had issued radiological report without holding any qualification in the field of Radiology and that he is not competent or authorized to issue radiological reports. 

Accordingly, the medical council held the practice of Dr Nayyar to be highly unbecoming of medical practitioner and revoked his name from the State Medical Register for a period of 365 days till November 29 this year.

After considering the allegations raised by the prosecution and the orders passed by Delhi Medical Council, the judge stated:

"it would be appropriate if an inquiry is conducted by the Crime Branch of the Delhi Police, by an officer of the rank of Deputy Commissioner of Police into the allegations raised by the prosecution that Dr. Gajinder Kumar Nayyar is issuing fake medical certificates to accused/convicts and/or family members of the accused/convicts for extraneous consideration and not for medical considerations to facilitate then in obtaining favorable orders of bail, interim bail, and suspension of sentence." 

The in charge Legal Cell, Delhi Police as also the Directorate of Prosecution, Delhi shall examine their records and ascertain as to in how many cases accused/convicts applied for bail, interim bail and suspension of sentences in the last two years based on medical certificates and/or Pathological Reports issued by Dr. Gajinder Kumar Nayyar.
Inquiry shall be conducted by the DCP Crime Branch, Delhi Police in respect of the above allegations and report be submitted to this Court.