2020 (6) TMI 796 - HC - Indian Laws

Court scrutinizes Dr. Nayyar's medical documents for criminal bail, raises credibility concerns.

The court addressed discrepancies in medical documents issued by Dr. Gajender Nayyar for bail applications in criminal cases, leading to suspicions about ... Notice to show cause - referral for further investigation - credibility of medical certificates - verification of medical records and OPD registers - judicial direction for investigation of possible syndicateNotice to show cause - referral for further investigation - verification of medical records and OPD registers - credibility of medical certificates - Whether a notice should be issued to the doctor and the matter referred for further investigation in view of discrepancies in medical documentation and allied verifications - HELD THAT: - The status report filed by the Investigating Officer recorded multiple verifications which disclosed material inconsistencies: OPD registers at N.C. Hospital did not record visits of the named patients on the dates claimed; the hospital lacked facilities to perform the surgeries purportedly prescribed; the consultant/doctor could not be located at the stated premises and declined to cooperate with telephonic enquiry; and similar patterns emerged across several criminal matters where certificates from the same doctor were relied upon. The report further observed that the doctor holds positions at multiple medical establishments and that the probability of his being part of a syndicate issuing questionable medical documents cannot be ruled out at this stage. In light of these factual findings and the potential impact on several pending bail matters, the Court directed that a formal notice to show cause be issued to the doctor why the allegations in the status report should not be referred for further investigation, and mandated service of the order on the doctor by the Investigating Officer, listing the matter for further consideration. [Paras 3, 5, 6, 7, 8]Notice issued to Dr. Gajinder Nayyar to show cause why the matter should not be referred for further investigation; matter listed and directions given for service and uploading of the order.Final Conclusion: On the basis of the Investigating Officer's status report disclosing discrepancies in medical records and repeated reliance on the same doctor's certificates in multiple criminal matters, the High Court issued a notice to the doctor to show cause and directed steps to facilitate referral for further investigation, listed the matter for further hearing, and ordered service and web-upload of the order. Issues: Allegations of fraudulent medical documents by Dr. Gajender Nayyar in various criminal cases.In the judgment, the court addressed multiple cases where bail applications were based on medical documents issued by Dr. Gajender Nayyar for surgeries like ovarian cyst and gall bladder stone. The court noted discrepancies in the verification of these medical documents, such as hospitals not having necessary facilities and patients not being recorded in the OPD register. The court also highlighted a case where the main accused obtained parole based on medical documents from Dr. Nayyar but later absconded. Moreover, the court mentioned a previous order raising suspicions about Dr. Nayyar's credibility due to issuing certificates in serious criminal cases. The court decided to issue a notice to Dr. Nayyar to explain the allegations and ordered further investigation into the matter. The court directed the notice to be served, scheduled the next hearing, and instructed dissemination of the order through various channels.The judgment revealed that Dr. Gajender Nayyar's medical documents were crucial in various criminal cases for seeking bail on medical grounds. However, discrepancies emerged during verifications, such as hospitals lacking necessary facilities mentioned in the documents and patients not appearing in the hospital records. The court highlighted a case where an accused obtained parole based on Dr. Nayyar's medical documents but subsequently absconded. Additionally, a previous order expressed doubts about Dr. Nayyar's credibility due to issuing certificates in serious criminal cases. Consequently, the court decided to issue a notice to Dr. Nayyar for explanation and ordered further investigation into the allegations. The court set a future hearing date, instructed serving the notice, and directed dissemination of the order through official channels.