COURT ON IT OWN MOTION Vs. STATE OF JHARKHAND
LAWS(JHAR)-2016-6-60
HIGH COURT OF JHARKHAND
Decided on June 13,2016

Court On It Own Motion Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

D.N.PATEL, J. - (1.) The fact that Dhullu Mahto, who is an accused in not less than two dozen cases, was sent to hospital without any sickness, reflects the mental sickness of the doctors of the State of Jharkhand and this sickness of doctors of the State of Jharkhand needs an urgent attention. It further appears on perusal of the order dated 13th November, 2013 passed by this court and the affidavit filed by the Principal Secretary, Department of Home, Govt. of Jharkhand as called for vide the aforesaid order and another affidavit filed by the Under Secretary, Department of Home, Govt. of Jharkhand (in such a grave matter, affidavit should have been filed by the Principal Secretary of the concerned department and not by the Under Secretary) in compliance of the order dated 30th March, 2016 of this court, that it certainly was not for any serious sickness the accused, namely Dhullu Mahto, was referred to All India Institute of Medical Science, New Delhi because the said hospital at New Delhi had not even admitted him and later on he had even been seen drinking and partying.
(2.) This bizarre matter speaks volume about the standard of doctors in the State of Jharkhand, who are required to remind themselves that they are the employees of the sovereign State and not of the accused. It appears that the State of Jharkhand a separate battalion of doctors for examining VIP patients and promptly this practise should be stopped. It become a fashion in the State of Jharkhand that whenever any VIP political person is arrested, immediately he is sent to hospital on account of some illness.
(3.) We, therefore, direct the Chief Secretary of the State of Jharkhand to ensure that only doctors have impeccable character and integrity will examine the so-called VIP accused. The State can also take assistance of the doctors serving in the Armed Forces, whose integrity is not in question. It is high time for the State of Jharkhand to appoint such doctors, who have impeccable characters and whose honesty and integrity cannot be questioned.;


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