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| SCC directs filing of complaint for forgery | | Fabricated record filed by doctor | | Early Times Report
JAMMU, Feb 12: The J&K State Consumer Disputes Redressal Commission Jammu- Bench comprising of Justice B A Kirmani (retd) President and D K Kapoor, Member has in a significant order has directed an official of the Commission to lodge a perjury complaint in the court of competent Magistrate against Dr Vipan Banotra son of Lt Niku Ram the then Doctor Posted in Govt Hospital Poonch for fabrication of records and forgery produced by the said doctor in the State Consumer Commission (SCC).
It may be mentioned that the Commission while dismissing complaint No. 2504 of 2003 filed by Abdul Shubam vide order dated 12.3.2009, as not maintainable directed Inspector General of Police, Crime & Railways, J&K, to register a case against respondent No.3, Dr. Vipan Banotra for fabrication of records and forgery which was overset by the High Court vide order dated 14.3.2013 with observation that in circumstances of the matter the course available to this Commission was registration of complaint through an authorized Officer before Magistrate of competent jurisdiction which was furnished by petitioner/ complainant before this Commission for further action in terms thereof.
Aseem Sawhney submitted before the Commission that the complainant Abdul Shubam hails from a poor family of a far flung village Loren of Mandi tehsil in district Poonch. He approached the Commission with a complaint that when he was suffering with severe abdominal pain, got himself admitted in the district hospital Poonch. On the next day on 2.11.2001, he was operated upon. On 5.11.2001, he felt that his right leg was not functioning properly. This new ailment was immediately brought to the notice of the concerned doctors. He alleged that the main cause for aggravating the pain and numbness in the lower part of the affected leg was mainly due to the willful negligence of doctors who did not even check his leg for few days till it became non functional.
In haste and even without obtaining the consent of the complainant, doctors conducted second operation upon him. When the complainant regained consciousness, he realized that his leg had been amputated.
He alleged that because of the negligence of OP No.3, the complainant has permanently become disabled for the rest of his life. Had OP No.3 timely referred the complainant to Government Medical College, Jammu, his leg would have been saved. Complainant's wife Zaina Begam made a representation to the Chief Minister wherein negligence of concerned doctors was brought to his notice. On her last representation, Special Secretary of the CM directed the CMO, District Hospital Poonch to conduct enquiry into the alleged incident, but the enquiry failed to show any tangible result due to the fabricated records.
Vide the Order dated 12.3.2009 directions had been issued by the Commission to the Inspector General of Police, Crimes and Railways (J&K) to register a case concerning fabrication of documents and forgery and then to start the investigation. The Commission (Bench then comprising of Justice G D Sharma (retd) President and B L Saraf, member) in its order has concluded that fabricated records ( Annexures R1 &R2) have been produced by the respondent Dr Vipan Banotra, therefore, investigation by the Inspector General of Police, Crimes and Railways ( J&K) was warranted.
However, from a careful perusal of the record of annexure R1 produced by OP.No.3 and above stated annexure AS (produced alongwith application dated 28.12.2007 by the complainant), we find that the entries are of highly contradictory nature as well as diagonally opposed to each other. The production of a part of the original record along with Photostat copies and the discharge slip allegedly in the handwriting of OP No. 3 prima facie shakes the credibility of alleged official record (annexure R1) produced by OP No. 3.
In case allegation regarding the fabrication of record is proved after inquiry then the involvement of some high ranking officials of the concerned District Hospital Poonch cannot be ruled out.
The report submitted by concerned Chief Medical Officer Poonch vide his no. CMOP/ Complaint/ Est-1/ 4323-24 dated 12.12.2001 ( annexure R2) produced by OP No.3 would also become a nullity having a tendentious effect of misleading the then Hon'ble Chief Minister. Be that as it may, we are more concerned with the fact that stream of administration of justice has to remain unpolluted so that purity of courts' atmosphere may give vitality to all the organs of the state. Polluters of judicial firmament are, therefore, required to be well taken care of to maintain the sublimity of courts' environment, so as to enable it to administer justice fairly and to the satisfaction of all concerned.
Anyone who takes recourse to fraud, deflects the course of judicial proceedings; or if anything is done with oblique motive, the same interferes with the administration of justice. Such persons are required to be properly dealt with, not only to punish them for the wrong done, but also to deter others from indulging in similar acts which shake the faith of people in the system of administration of justice. These remarks well project the importance of the point under consideration.
As per the modified direction of the Division Bench of the High Court the petitioner - complainant again filed an application before the State Commission through Advocates A K Sawhney and Advocate Aseem Sawhney seeking filing of the complaint against the respondent- doctor for filing tampered, forged and fabricated documents before the State Consumer Commission Jammu.
The Commission in its significant order has now directed filing of a complaint before the competent Magistrate against the respondent- Dr Vipan Banotra.
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