Private Doctors Submitting Sketchy Medical Reports To Courts Are Guilty Of Fabricating False Evidence

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Case: HIMANSHU DABAS Vs. STATE, GOVT. OF NCT OF DELHI & ANR

Coram: HON’BLE MR. JUSTICE SUBRAMONIUM PRASAD

Case No: CRL.M.C. 112/2021

Court Observation: “Applications on medical grounds are now being made as a ruse to get interim bail and then prolong it for indefinite periods even though it is not required and thereby taking the Courts for a ride.”

“It is found that that the medical reports which are filed by the Jail Superintendents are not clear and the medical terms which are used are not easily decipherable by Judges. The Reports do not bring out the correct picture and sketchy and incomplete reports are given by hospitals/doctors which are being used for grant of bail or extension of bail.”

“When an FNAC in the jail hospital itself has ruled out any tumor, let alone any malignancy, and it has also ruled out any infection like TB, the medical report set to the same ought to have clarified that there is no tumor or malignancy as that operation was only for mere cosmetic purpose and not a medical emergency. Absence of such a clarification in a medical report does not assist the Court, rather the report conceals vital information from the Court.”

“The doctors preparing the Status Reports must clearly give their final impression and opinion as to whether the condition warrants any urgency/emergency. Further, the Status Report must explicitly state if the condition of the patient is likely benign/malignant/infective and state clearly whether surgery is needed for that specific condition or not.”

“Sketchy, wishy-washy medical documents from any random private doctor with ambiguous, incomplete documentation in illegible handwriting will not be entertained in future, rather viewed seriously with suspicion.” “Advantage is being taken of the fact that Judges are not medical experts and are therefore unable to correctly appreciate the nature of the ailments. The accused try to get their bail extended even though they are not suffering from any serious ailments which require them to be released on interim bail.”

“All this leads to a lot of suspicion of a foul play and of ambiguity and can lead to serious doubt as to whether any procedure was at all done in the private hospital in good faith. A serious note is taken of such skimpy, wishy-washy medical documentation and the licence of such doctors should be cancelled if found to be lacking/falsely done.”

“All this reeks of several lacunae at several levels including the medical personnel both at the level of jail hospital and the private doctor’s level.”


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