DOB Fabrication Case: Court rejects anticipatory bail plea of GMC Jammu Principal

Jammu: Noting each piece of evidence presented regarding the fabrication of her date of birth in account, the principal and dean of Government Medical College and Hospital (GMC) Jammu rejected a plea for anticipatory bail by Jammu and Kashmir anti-corruption court on Monday.

On the filing of the instant anticipatory bail application on 06-07- 2023, under Section 497, CrPC by the applicant, an interim bail was granted to her on the basis of the averments made in the application with a direction to the prosecution to file a report in the case as well as objections to the application by or before 08-07-2023.

Medical Dialogues team had earlier reported that it came to light that the doctor used fabricated dates of birth certificates to gain admission in the MBBS course at GMC Jammu under the nose of the government. The accused used her two dates of birth, i.e. 08.04.1964 and 08.04.1965, to cheat the government and gain admission to the college.

The matter could not have been revealed until a written complaint filed by Manu Gupta against the doctor came to the fore, alleging that she had tampered with her age documents to get an undue advantage for getting admission to the MBBS course in the GMC Jammu as she was underage at that time.

The same got filed on the said date and the case was also heard on the same date finally and was reserved for order, which was issued on July 10 by Special Judge Anti-Corruption Jammu.

Also read- GMC Jammu Principal Under Scanner For Tampering Date Of Birth In Documents

“The law on the concept of anticipatory bail is quite well settled. It is enjoined upon the criminal courts that while deciding anticipatory bail, a fine balance is required to be struck between the individual’s right to personal freedom and free movement to that of the right of investigation of the police”, said Special Judge Anti-Corruption Court, Tahir Khurshid Raina.

“As per the facts revealed in the report and the CD file, there is no two opinion with regard to existence of two different date of births, conveniently used by the accused on two different occasions i.e one for getting admission in MBBS and second when got appointed as Assistant Surgeon”, the court said, adding “so the offence of fraud, forgery and misconduct under Prevention of Corruption Act are prima facie made out”.

The Court observed, "A doctor by profession, who happened to be earlier a teacher in the Medical College and presently at a high pedestal in the hierarchy is consciously continuing her alleged fraud, with two date of birth certificates, using conveniently at different occasions, makes the alleged offence of high gravity".

During preliminary verification, a questionnaire was sent to her by the Crime Branch, Jammu on 09-05-2021, to know from her as what were the documents she submitted with the application form for admission in the MBBS, also copies of the documents were sought from her and she stated that she did not remember and the documents must have been attached with the form. However, it was astonishing to note that when the investigating agency raided at her residence, it found the original admission file of her carrying no age proof attached with it, the court added.

“How come she was having the custody of the original admission file of her which dates back to 1981, supposed to be in the concerned admission section of the college. Why only the age proof is missing from it when it is the foundational document on the basis of which she claimed her eligibility and later got admission in the MBBS course. So obviously, she by misusing her position as Principal, managed to get the old file and then either has destroyed the document or is in her custody”, the court further said.

“By refusing to respond fairly to Crime Branch and keeping the admission file in her custody speaks of her influence, potential and tendency to tamper with the evidence, who instead of cooperating with the investigating agency as a bonafide public servant even fled away and was not available at her office or home when the investigating agency raided at both the places”, the court said.

Accordingly, court refused to extend the interim bail granted vide order dated 06-07-2023 and dismissed the anticipatory bail application.

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

Also read- DOB Fabrication Case: GMC Jammu Principal Gets Interim Bail