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regular-article-logo Thursday, 23 January 2025

HC stays probe against doctor: Not enough documents to justify investigation, says judge

A Bidhannagar Police team had raided Naiya’s house in Kakdwip, South 24-Parganas, on January 16 armed with an order from the Bidhannagar court

Tapas Ghosh, Kinsuk Basu Published 23.01.25, 07:07 AM
Calcutta High Court

Calcutta High Court File image

The high court on Wednesday ordered a six-week stay on an ongoing investigation against RG Kar Medical College and Hospital postgraduate trainee Asfakulla Naiya, accused of misrepresenting his degree.

Naiya moved the high court on Monday challenging a Bidhannagar Police summons.

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While passing the interim stay, Justice Tirthankar Ghosh said the state could not produce enough documents to justify the probe against Naiya with a hurriedly drawn-up FIR.

Justice Ghosh cited rulings by the Supreme Court to accord privilege to an accused and turned down arguments by the state government.

“The judgments that you have cited are not related to the case,” Justice Ghosh told Sirsanya Bandopadhyay, the state government’s advocate.

A Bidhannagar Police team had raided Naiya’s house in Kakdwip, South 24-Parganas, on January 16 armed with an order from the Bidhannagar court.

The raid had followed a complaint alleging Naiya had used a postgraduation ENT degree that he was still pursuing to practise at a private clinic.

Before the complaint was lodged, the West Bengal Junior Doctors Association first complained about Naiya’s alleged claim showing a picture where his degree was mentioned as “MS” on a banner of a healthcare clinic in Hooghly.

In December, the association had complained to the state’s chief secretary about Naiya’s alleged misrepresentation of his degree.

Advocate Bikash Ranjan Bhattacharyya, representing Naiya, told the court that the junior doctor had not issued any statement anywhere claiming to be an ENT specialist and the court should quash the probe against him.

“There is no basis of the FIR against the doctor and it should be immediately quashed,” Bhattacharyya told the court.

Justice Ghosh wanted to know from the state if any prescription or document was seized during the raid at Naiya’s house to justify the allegation.

Advocate Bandopadhyay told the court that Naiya used a prescription issued by the clinic in Hooghly and sought the court’s nod to conduct a search and seizure operation at the clinic.

After hearing both sides, Justice Ghosh directed a stay for six weeks on the investigation in the case.

The junior doctor had moved the court on the day the Bidhannagar police commissionerate had directed him to appear for interrogation before the investigating officer of the case at Electronic Complex police station.

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