The Delhi High Court has directed the Crime Branch of Delhi Police to initiate an inquiry against Dr Gajinder Kumar Nayyar who is suspected of issuing fake medical certificates to accused/convicts and/or their family members to facilitate them in obtaining favourable orders of bail, interim bail and suspension of sentence.
The Single Bench of Justice Sanjeev Sachdeva has further directed that the in charge Legal Cell, Delhi Police as also the Directorate of Prosecution, Delhi shall examine their records and ascertain as to in how many cases accused/convicts applied for bail, interim bail and suspension of sentences in the last two years based on medical certificates and/or Pathological Reports issued by Dr. Gajinder Kumar Nayyar.
The order has come in a bail application moved by Abdul Rehman Nawali on the ground that his wife requires urgent surgery for 'ovarian cyst.' The medical certificate that the accused relied upon was issued by Dr Gajinder Kumar Nayyar.
When Sub Inspector Rohit Chahar visited the NC Hospital, he found out that the said doctor was not present there.
SI Chahar further discovered that the said hospital has no ultrasound hospital facility, it doesn't perform Cystectomy surgery, and there was no record of the accused's wife visiting that hospital.
The police also informed the courts of various other bail applications pending before this court where the accused was issued a medical certificate by the aforesaid doctor.
The status report filed by the Prosecution further submitted that the Disciplinary Committee of Delhi Medical Council after considering the facts and circumstances of the case was of the view that Dr.Gajinder Kumar Nayyar had issued clinical summaries, medical certificate and even admitted the patient for extraneous consideration and not on medical consideration.
The Delhi Medical Council had also removed the name of Dr Nayyar from the register for 180 days on the ground that his conduct was highly unbecoming of a medical practitioner.
The Medical Council further extended the suspension of the said doctor which now continues to be in force till November 29, 2020.
In the latest status report filed on June 28, the prosecution has submitted that Dr.Gajinder Kumar Nayyar has been frequently preparing medical prescriptions in heinous cases in which accused are granted and/or manage to get free from judicial custody and in certain cases medical certificates were found to be fake.
It was further submitted that several certificates were issued by Dr. Gajinder Kumar Nayyar in serious criminal cases wherein the accused persons were taking plea for grant of bail, interim bail and suspension of sentence. It is alleged that the probability of Dr. Gajinder Kumar Nayyar being part of a syndicate, if any, could not be ruled out.
In light of this information, the court directed the Deputy Commissioner of Police, Crime Branch to conduct an inquiry on the allegations raised in the status reports and submit a report before this court.
The court has also directed for the status reports to be forwarded to the District Judges of Delhi for forthwith circulating it to all the Judges of their respective Courts dealing with applications for grant of interim bail, regular bail and suspension of sentence by accused person or convicts.
The Petitioner in this case is being represented by Mr Tarun Rana
Case Title: Abdul Rehman alias Nawali v. GNCTD
Case Number: BAIL APPLN. 865/2020