SC asks CBI to probe ‘abduction’ of dentist by Chandigarh Police

The top court was hearing an appeal filed by the Chandigarh administration against a March 3, 2023, order of the high court

The Supreme Court (SC) has ordered the Central Bureau of Investigation (CBI) to conduct a preliminary probe into the alleged abduction of a dentist by Chandigarh Police personnel to prevent him from appearing in a court.

The case pertains to Mohit Dhawan, a Chandigarh-based dentist, against whom a criminal case was lodged after a Nairobi national accused him of cheating her when she came to India in 2017-18 to get dental implants from his clinic. (HT Photo)

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah said it was not inclined to interfere with a Punjab and Haryana high court order that directed for the registration of an FIR and setting up of a special investigation team (SIT) to probe the issue.

The court, however, said an inquiry into the matter may be entrusted with the CBI for an independent probe.

The case pertains to Mohit Dhawan, a Chandigarh-based dentist, against whom a criminal case was lodged after a Nairobi national accused him of cheating her when she came to India in 2017-18 to get dental implants from his clinic.

His lawyer, however, said that it was Dhawan who had initially filed a suit for the recovery of some outstanding dues owed to him by the Nairobi woman. Due to this, the woman implicated him in a series of complaints about improper treatment.

“Three separate complaints were filed against him and in two of those, he managed to get anticipatory bail. In the third one, he was asked to be present before a magistrate. But on the day of the hearing, he was abducted by a team of the Chandigarh Crime Branch Police, while another team marked their appearance in court,” his lawyer had said.

When Dhawan went to mark his presence before a magistrate’s court, he was allegedly abducted by a Chandigarh Police team, which claimed that he was arrested in connection with another case.

Dhawan had claimed that he was being harassed at the behest of former Central Bureau of Investigation (CBI) special director Rakesh Asthana and former Chandigarh DGP TS Luthra.

Hearing the matter, the apex court bench said, “After hearing the rival submissions at the Bar, we are of the opinion that although this matter springs from a complaint at the hands of foreign nationals who were at one time patients of the respondent, but thereafter, it may have taken a course in utter violation of the Constitution and laws and therefore, an independent investigation is indeed required to clear all doubts as to the allegations as they relate to the personal liberty of a citizen.

“Accordingly, it is directed that the CBI shall conduct the preliminary inquiry as directed by the high court on the basis of the facts mentioned in the complaint,” the bench said.

The court asked the CBI to inquire whether the doctor was “detained or arrested” by the Chandigarh Police at the Sector 19 police station and produced before the local magistrate within 24 hours.

It will also inquire whether the “detention or arrest” of the doctor by police officials amounted to abduction.

The top court was hearing an appeal filed by the Chandigarh administration against a March 3, 2023, order of the high court.

The apex court had earlier stayed a high court order directing the registration of an FIR and setting up of an SIT to probe the alleged abduction of the dentist by Chandigarh Police personnel to prevent him from appearing in a court.