Deepali Kalia
The Allahbad High Court ordered a stay against a FIR (First Information Repost) lodged against CMO (Chief Medical Officer) Dr. Hargovind Singh which accused him of issuing a fake COVID positive certificate to an MLA summoned by a lower court.
CMO Dr. Hargovind Singh runs a vaccination Centre in Uttar Pradesh.
It was ordered by a division bench consisting of Justices Dr. Kaushal Jayendra Thaker and Ajit Singh , that no coercive action be taken against the CMO.
The court also strongly criticized the judicial officer who had passed the order to lodge a FIR against the CMO.
“We are sorry to record it. Can we say that the insensitive judicial officer who has directed for lodgement of this First Information Report which is in the teeth of it can not stand to the judicial scrutiny of this Court,” The court stated.
The court then proceeded to caution judicial officers across Uttar Pradesh to not pass orders which would bring disrepute to the judicial system in the State.
“The learned Registrar General of this Court shall communicate to all the judges of the District Courts throughout the State of UP to be more careful during this pandemic and restrain themselves from passing such orders which may bring disrepute to the judicial system in the State more particularly during this ongoing period of pandemic,” The court added.
It was further observed by the court that the Registrar General of the High court had already issued directions to all the judicial officers across Uttar Pradesh to not insist on personal appearance by the accused or parties involved owing to the COVID 19 pandemic.
Despite that the accused MLA was summoned to make a personal appearance.
“He (MLA) sent a report that he had tested corona positive, which was not relied upon by the Trial Judge and considering that report to be false without any basis, instead ordered for registering an FIR against the petitioner/Chief Medical Officer,” the court noted.
The lawyer representing the petitioner submitted that the FIR was falsely lodged against the CMO and he was also not the treating doctor. He had merely issued the COVID certificate to the accused MLA and the trial judge could have verified the report as it was on the UP Government’s website.
It was further added by the counsel of the petitioner that the direction to lodge the FIR against the CMO was passed without even verifying the COVID report.
