Bhagabati Prosad Banerjee, J. - (1.) The petitioner No. 1 the Council of Alternative System of Medicine (referred to as the said Council) is a body registered by the Government of West Bengal under the West Bengal Societies Registration Act.
(2.) The petitioners in this case challenged the notification issued by the Government of West Bengal, Department of Health in which it was stated that the said Council was misleading the people and that the said system of medicine was not recognised and had no authority to enroll any doctor and/or to grant any registration certificate. The petitioner also further challenged the validity of the First Information Report lodged by the Sub-Inspector of Police, Jadavpur Police Station dated 17. 12 87 in which there was an allegation of violation of the provisions of Section 417/420 of the Indian Penal Code and Section 5 of the Indian Medical Degree Act, 1916, Sections 30, 31 of Bengal Medical Act, 1914, Section 15 of Indian Medical Council Act, 1956, Sections 35 and 35A of West Bengal Homoeopathy System of Medical Act, 1963, Sections 22, 33 and 36 of Paschim Banga Ayurvedic System of Medicine Act 1961 against Pradeep Kumar Biswas, the petitioner No 2 who is the President of the said Council and others. the First Information Report was lodged on the basis of the complaint filed by the Assistant Secretary, Government of West Bengal before the Officer-in-Charge, Jadavpur Police Station for taking steps to stop illegal activities of the Medical College of Alternative Medicine at 378, Ganguly Bagan Road, Calcutta. By the complaint under the memo dated 16th December, 1987, the Assistant Secretary, Government of West Bengal, Department of Health informed the Officer-in-Charge of Jadavpur Police Station that for some time post reports were being received by that department from different sources, namely Baishak) Club, Ashoke Trust, Calcutta and others that an organisation under style "The Medical College of Alternative Medicine" bad started advertising repeatedly in the leading newspapers inviting students for admission in degree/diploma courses in a number of disciplines of different system of medicines said to have been conducting by the said organisation and also indicating that the said Council to which the said organisation is affiliated, would confer degree/diploma certificate etc. in respect of the said medical courses. It was further stated that under the provisions of Section 3 read with Section 4 of Indian Medical Degree Act, 1916, degrees, diplomas, licences, certificates etc. to practice modern scientific medicine including obstetrics and surgery can be conferred guaranteed or issued only by the Universities, Institutions and authorities as specified under those Acts. It was stated that the said Council had contravened the provisions of the aforesaid Acts for which immediate steps should be taken against the persons concerned. On the basis of the said complaint an First Information Report was lodged and C. Sengupta an officer attached to Jadavpur Police Station forwarded the petitioner No. 2 and others as accused person in connection with the alleged offences. It was further stated that the said Council was not recognised by any statute on the subject and the said Institution was not to conduct any medical courses or conferred any diploma, degree, certificate etc. to any person authorising him to practise as medical practitioner. The accused was arrested and/or forwarded before the court with a prayer that the accused persons may be taken into custody and remainded So jail till the investigation is completed. This was the subject matter of challenge before this court.
(3.) The case of the petitioner is that the Council of Alternative System of Medicines is affiliated to Medicine Alternative which was established in 1962. the medicine alternative is an International Multi National University The said Medicine Alternative was established in 1962 at Alma Atta U. S. S. R. The said Council bad its registered office at 378, Ganguly Bagan East Road, Jadavpur, Calcutta 84. The aims and objects of the society were as follows : i) To promote and advance the science of Alternative System of Medicine other than official School of Medicines as Electro Homoeopathy, Bach Flower, Remedies, Biochemic, Naturopathy, In do Allopathy, Magnete Theraphy etc. and to raise the status of all Alternative Systems of Medicines knowledged with all Hb aspect. ii) To establish the Faculty to control examination of teaching and Educational Institution or College etc. and award degrees, diplomas or certificate thereof. iii) To establish an Advisory Committee which consists of its own members or outsiders co-operation for the purpose of both as may decide for any purpose it deems fit. iv) To certify, permit supervise and maintain register of practitioners possessing degree, diploma or certificates from any College or Institution of Alternative System of Medicine either affiliated to the faculty or any authentic Institute and the practitioners who have an experience in any branch of Alternative System of Medicines.;