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Doctor barred from US Cannot practice in India: MCI decides, HC upholds

Doctor barred from US Cannot practice in India: MCI decides, HC upholds

New Delhi: After being ousted from the US on charges of aggravated sexual assaults, a doctor who had earlier started his private practice in India, will now not be able to run his clinic any longer, since the apex Medical Council of India (MCI) has permanently erased his name from the Indian Medical Register. The  said decision of the council was recently upheld by the Delhi High Court.

The case concerns one Dr Narendra K Gupta who came back to India form the US and set his clinic up in 2012. His private practice came to light in May last year, when he applied for his registration’s renewal. This matter was taken up by the high court after the court took suo motu cognisance of a news report, which said that the doctor, after being barred from practicing by a US court in 2011, was now treating patients in the National Capital Region (NCR).

Read Also: HC Slams doctor for practicing in India after ouster from the US

The report had also said that the medical practitioner had pleaded guilty to three counts of aggravated sexual battery in the US, for unwarranted medical examination on women patients, a crime that carries a mandatory 25 years in prison in the US. He was charged with aggravated sexual battery for allegedly penetrating a patient with his finger during a pelvic exam at his clinic in Atlanta in 2009, adds the the Indian Express.

 The local court in Georgia in the US had asked the doctor to surrender all US medical licences, leave the country and “not practice medicine in any form within the United States or any other country”. The Delhi HC bench noted that the doctor was “desperate” to avoid the prison sentence of 25 years and hence opted for plea bargaining,

It also observed that the doctor had started his practice here without informing the Medical Council of India (MCI) about his conviction.

The central government, during the hearing, said the US court had barred the doctor from practicing anywhere else in the world in future, but he had started treating patients in Delhi and Gurgaon

Later, the court directed the MCI to take action on the matter by asking it to expeditiously and effectively complete its consideration regarding the doctor and pass an order to enable the court take a comprehensive view in the matter.

However, after noticing no action, the court slammed the medical body for its failure to comply with its order.

Read Also: Delhi High Court slams Medical Council of India on Doctor registration

Indian Express reports that MCI has now permanently erased the name of the doctor from Indian Medical Register, implying that he will not be able to practice anywhere in India. The said decision has also been upheld by the Delhi High Court

Source: with inputs
25 comment(s) on Doctor barred from US Cannot practice in India: MCI decides, HC upholds

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  1. user
    Ashutosh Kumar Pandey August 18, 2018, 7:26 pm

    Penetrating with Fingers during Pelvic exam??

    I wonder how else does court expect a doctor to perform pelvic exam?

  2. he should be tried in Indian court..we have our own law mechanism…just not guilty coz uncle Sam says so.

    I wonder where our laws when a quack openly practiced just 1/2 km away from session court and police station in small towns?

    Any1 commiting crime must b punished at d earliest no matter weather he z a doctor,police,politician or some tax evading buisness tycoon.

  3. It is shameful of him calling himself a doctor…which part of the hippocratic oath he didnt understand…do not harm!!!…we all know about the famous case of dr.nassar , who allegedly abused sexually the young girls of the Olympic team by examining their sexual parts when it was not warrented… look where is he now…he will be rotting in jail for the rest of his life… this guy thought he could get away with putting his finger where its not warrented….how did he get into residency in the first place…did he think India would be lenient with laws…does he even read…I mean some educated people are real brutes…they can think they wield power when they get to some position in society.

  4. When Negligence prove, … Registration of Doctor also required to be suspended like USA, as well in India.

  5. user
    snigdhendu ghosh August 17, 2018, 8:45 pm

    He should be tried afresh in India as per Indin law, should be punished if found guilty. We ought not follow other countries blindly!

  6. One legal point. Why should he be tried in India? Has he committed an offence in India? Will other countries try an offender for offences committed in India. Did USA arrest or prosecute Nirav Modi?

  7. user
    Ashutosh Kumar Pandey August 18, 2018, 8:47 pm

    True. There has been documented incidences where people have pleaded guilty despite being inmocent. Has been matter of documentaries.