Jail inmate order to surrounder for breaching parole in the guise of Medical
Himachal Pradesh High Court today ordered to surrounder, a petitioner cum inmate undergoing confinement for 12 yrs at Kanda Jail in Shimla district. The order passed by the division bench of Justice Tarlok Singh Chauhan and justice Ranjan Sharma on an instant Petition moved today.
Three paged orders passed by the court said that learned counsel appearing for the petitioner has placed on record a Medical Certificate (along with other documents) that has been issued by the PGIMER Chandigarh.
According to the said Certificate, the petitioner remained admitted in the Hospital from the 6th of August 2023 to the 10th of August, 2023, and has been recommended leave w.e.f. 1st September 2023 to 15th September 2023 ostensibly only because his parole is otherwise to end on 1st September 2023.
HC observed that this is clearly evident from the fact that there is no leave suggested from the date of discharge, i.e. 10th August 2023 up to 31st August 2023, which prima facie goes to indicate that this Certificate has been manipulated by the petitioner and in such circumstances, even the Doctors, who have issued the Certificate, are equally responsible, after-all they could not have anticipated or foreseen that the petitioner would require leave in the future, especially for the period mentioned therein.
These doctors have wrongly and rather illegally tried to help the petitioner by issuing such a Certificate.
The court order to issue notices to doctors (i) Dr. Raja Ramchandran, Associate Professor, Department of Nephrology, PGIMER,Chandigarh; (ii) Concerned Senior Resident, Department of Nephrology, PGIMER, Chandigarh; and (iii) Medical Superintendent, Nehru Hospital, PGI Chandigarh, to explain how and under what circumstances they have issued such kind of Medical Certificate.
Concerned Senior Resident, Department of Nephrology, PGIMER, Chandigarh; and (iii) Medical Superintendent, Nehru Hospital, PGI Chandigarh, to explain how and under what circumstances they have issued such kind of Medical Certificate.
Since the petitioner has indulged in the manipulation of the aforesaid Medical Certificate, he is directed to surrender within twenty-four hours, failing which he shall be arrested by the Police. List on 21.09.2023, on which date, the above Doctors should file their personal affidavits.
The Court ordered the registry to serve a copy of the order along with a copy of the Medical Certificate to Prof. Vivek Lal, Director, PGIMER, Chandigarh.through EMAIL, FAX, etc. for information and necessary action.
The court also directed Jail authorities to call the record from Kanda Jail which shows the petitioner’s conduct as he was confined for the past 14 years to know his tole during previous paroles.
