Probe if medical certificates issued by a city doctor used to seek bail in criminal cases: Delhi high court

New Delhi

New Delhi

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The Delhi High Court on Monday told the police, directorate of prosecution and police’s legal cell to examine their records and ascertain the number of cases in which people had applied for bail, interim bail and suspension of sentences in the last two years based on medical certificates and pathological reports issued by a city doctor.

During a hearing, police said they found that the doctor handed several fake certificates to securing favourable court orders.

The court issued the order while hearing the bail plea of one Abdul Rehman, who was involved in an Arms Act case. Rehman had attached a medical certificate prepared the doctor, Gajinder Kumar Nayyar.

Opposing his bail, police had on June 22 filed a status report, alleging that Nayyar frequently prepared medical prescriptions in heinous cases in which the accused were granted bail or managed to get free from judicial custody and, in certain cases, the medical certificates were found to be fake.

The doctor denied all allegations. “This is a planned attack on my reputation and I want a CBI enquiry into it. I have been falsely implicated by the police. I am running two charitable hospitals where several poor people come without documents. I cannot keep asking their criminal antecedents while treating them,”Nayyar said.

“...the allegations raised by the prosecution and the orders passed by Delhi Medical Council, in my view, it would be appropriate if an inquiry is conducted by the crime branch ...into the allegations raised by the prosecution that Dr Gajinder Kumar Nayyar is issuing fake medical certificates to accused/convicts and/or family members of the accused/convicts for extraneous consideration and not for medical considerations to facilitate then in obtaining favourable orders of bail, interim bail and suspension of sentence,” the court said.

The prosecution also said several certificates were issued by Nayyar in serious criminal cases. The police said the probability of him being part of a syndicate, if any, could not be ruled out.

Advocate Rahul Mehra, the standing counsel of the Delhi government (criminal), said that despite the suspension of his licence from April 19, 2019, till November 29, 2020, Nayyar continues to practise as a doctor and issue medical certificates based on which several applications are being moved in courts seeking bail, interim bail and suspension of the sentence by accused.

Following this, the court ordered the police to conduct an enquiry and file a status report in the matter. It said a copy of this order should be sent to all district judges of Delhi for immediate circulation it to all the judges of their respective courts dealing with applications for grant of interim bail, regular bail and suspension of sentences by accused people or convicts.

The matter would be now heard on July 16.