Submit Medical reports in criminal cases within 48 hours, HC tells Haryana doctors

Chandigarh: Concerned over long delays in the preparation of medical reports in criminal cases, which hamper both the police investigations and the delivery of prompt justice, the Punjab and Haryana High Court has directed the Haryana Health Department to ensure that doctors hand over such reports to investigating officers within two days.

Single Bench Justice N S Shekhawat issued the order to the state’s health and family welfare department, asking the secretary to instruct all government doctors, including those in hospitals and medical colleges, to prepare and give medical reports to investigating officers (IOs) within 48 hours.

A compliance report on this must be submitted by August 1, stated the bench. The court also said that doctors must respond to any letter or communication from the police within three days of receiving it.

Also read- Doctors to be held liable for delay in medical reports in criminal cases

The court strongly criticised the current situation, noting that in many cases, medical reports are delayed for weeks or even months. Justice Shekhawat observed that such negligence, whether done by doctors or police officers, seriously harms the investigation process and delays justice.

"Even doctors may be directed that in case they receive any communication from the investigating officers (IOs) of criminal matters, every communication should be replied to by the doctor concerned within a period of three days on receipt of any such communication. This negligence on part of the doctors/IOs has seriously hampered the process of investigation as well as crippled the entire judicial system," said the bench.

As per a TOI news report, the directions came while hearing a bail plea filed by an accused arrested in a case related to a death in Sonipat. The accused claimed that the victim's death happened due to medical negligence and not injuries, and that he had been wrongly arrested in November 2023. Shockingly, even after several months, the cause of death had not been officially determined.

The petitioner argued that despite being arrested for more than 1.5 years, the cause of the victim's death remains unascertained. The counsel claimed that the petitioner was wrongly arrested in the case. The state conceded before the bench confirmed that the cause of death had not yet been determined.

Considering the arguments, the bench observed, "Secretary, department of health and family welfare, Haryana is directed to issue instructions to all the doctors posted in all govt hospitals as well as medical colleges in Haryana to prepare all the reports at the earliest and within two days of preparation of such reports, these shall be handed over to IOs against receipt."

Also read- Why private laboratory engaged when State must provide CT scans, MRIs? HC asks Govt