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SC Sentences Murder Accused To 2-Months Imprisonment For Contempt [Read Order]

Ashok KM
4 Dec 2017 9:27 AM GMT
SC Sentences Murder Accused To 2-Months Imprisonment For Contempt [Read Order]
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SC closed the contempt against doctors who helped accused after they deposit Rs 1.4 crore

Amount to be utilized for medical assistance to members of the SCBA and SCAORA, for purchase of three vending machines for dispensing sanitary napkins and three incinerators for disposal of the used sanitary napkins. Rs 5 lakh to be given to the widow of the deceased victim

 The Supreme Court has sentenced a murder case accused to two months’ imprisonment, finding him guilty of contempt in getting himself admitted to a hospital when there was no medical reason to justify such an admission and in continuing to remain admitted to evade arrest.

The court, however, has closed contempt proceedings against two doctors who helped this murder case accused by granting him medical asylum, after they deposited Rs. 1.4 crore before the SC registry.

A bench of Chief Justice of India Dipak Misra, Justice AM Khanwilkar ordered that the amount be utilised for medical assistance to members of the SCBA and SCAORA, for purchase of three vending machines for dispensing sanitary napkins and three incinerators for disposal of the used sanitary napkins. The court also directed that Rs 5 lakh from the amount deposited be given to widow of the deceased victim.

Background

The Supreme Court, in Sita Ram vs Balbir, had held two medical professionals guilty of contempt for granting medical asylum to a murder case accused, without there being any reason or medical condition justifying his prolonged admission as an indoor patient.

With regard to the act of murder case accused in getting himself admitted to hospital to evade arrest, the court had observed: “The conduct exhibited by the respondent in getting himself admitted in the hospital when there was no medical reason to justify such admission and in continuing to remain admitted till action was taken by this Court in contempt jurisdiction, exhibits scant respect and regard for the orders and processes issued by the Court. Despite issuance of notice, the respondent has neither filed any response nor tendered any apology. Having gone through the record and considered the Enquiry Report, we have no doubt that the respondent is guilty of having committed contempt of the direction issued by this Court in its Order dated 24.10.2013 and also in obstructing the administration of justice.”

In the said judgment, it was thus observed: “Medical Professionals namely Dr. Munish Prabhakar and Dr. K.S. Sachdev extended medical asylum to the respondent without there being any reason or medical condition justifying prolonged admission of the respondent as an indoor patient as a cover to defeat the Orders passed by this Court and the Trial Court, as stated above and thereby aided and assisted the respondent in violating the Order of this Court. By such conduct these Medical Professionals have obstructed administration of justice.”

Contempt proceedings

These doctors, on being summoned by the apex court, submitted through their counsel senior advocate Dushyant Dave, that they place themselves on the mercy of the court and that apart from offering an unconditional apology for what has been found against them, they were ready and willing to offer free medical aid to 10 per cent of their intake capacity of their hospital to deserving poor patients.

The court then directed them to deposit Rs 1,40,00,000/- before the Registry and after inviting views of the counsel for the victim and the Supreme Court Bar Association, the amount was ordered to be utilized as follows:



  • A sum of Rs.85,00,000/- (Rupees eighty-five lakhs only) be given to the Supreme Court Bar Association, which shall be kept in a fixed deposit and the interest arising therefrom shall be disbursed for medical assistance to the members of the SCBA on proper verification. The aforesaid amount shall be kept in a different account by the SCBA.

  • A sum of Rs.45,00,000/- (Rupees forty-five lakhs only) be given to the Supreme Court Advocate-on-Record Association, which shall be kept in a fixed deposit and the interest arising therefrom shall be disbursed for medical assistance to the members of the SCAORA on proper verification. The aforesaid amount shall be kept in a different account by the SCAORA.

  • From the balance amount, a sum of Rs.5,00,000/- (Rupees five lakhs only) be used by the Registry of this Court for purchase of three vending machines for dispensing sanitary napkins and three incinerators for disposal of the used sanitary napkins. The Registry shall also fix them at suitable locations.

  • A sum of Rs.5,00,000/- (Rupees five lakhs only) be given to Vimla, the widow of the victim and the said amount shall be kept in a fixed deposit in the name of Vimla so that she can utilize the interest of the amount during her life time. The amount granted in favour of the widow of the deceased should be disbursed by way of a bank draft in her name on proper identification.

  • The interest that has been accrued in the sum deposited before the Registry of this Court, i.e. Rs.1,40,00,000/- (Rupees one crore forty lakhs only) shall also be distributed on pro rata basis keeping in view the above directions.


With regard to the murder accused, who was also found guilty of contempt, the court observed: “Regard being had to the amount of costs imposed on the doctors which has been deposited before the court and considering the fact that the contemnor has expressed an unconditional apology, while not accepting the same in entirety, we think it appropriate to impose a sentence for two months so that justice is done.”

Read the Order Here

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