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Judgment
G. Rajasuria
These petitions have been filed to get quashed the F.I.Rs. in crime Nos.81, 63, 140, 72 and 81 of 2010respectively on the file of the 1st respondent. The police registered the case against the petitioner in Crl. O.P. (MD) No.11994 of 2010 in crimeNo.81 of 2010 for the offence under Sections 269, 417,419, 420 I.P.C read with Section 15(iii) of the Tamilnadu Medical Council Act, 1956 on the ground that the Station House Officer, himself received some oral information that the accused was practising allopath medicine without having qualification in allopath Medicine.
The police registered the case against the petitioner in Crl. O.P. (MD) No.11995 of 2010 in crime No.63 of 2010 for the offence under Sections 269, 418 I.P.C read with Section 15(iii) of the Tamilnadu Medical Council Act, 1956, consequent upon the complaint given by one Anandharaj as though he took treatment at the hands of the petitioner and developed some uneasiness, because of the wrong treatment given by him.
The police registered the case against the petitioner in Crl. O.P.(MD) No.11996 of 2010 in crimeNo.140 of 2010 for the offence under Sections 417, 419,420 I.P.C read with Section 15(ii)(b) of the Tamilnadu Medical Council Act, 1956 consequent upon the complaint lodged by one Kovilpillai as though he developed some uneasiness consequent upon the wrong treatment allegedly given by the accused.
The police registered the case against the petitioner in Crl. O.P.(MD) No.12179 of 2010 in crimeNo.72 of 2010 for the offence under Sections 417, 419,420, 336 I.P.C read with Section 15(iii) of the Tamilnadu Medical Council Act, 1956 consequent upon the complaint lodged by one Muthukumar as though the accused even though not an allopath doctor, put injunction to persons and also gave tablets.
The police registered the case against the petitioner in Crl. O.P.(MD) No.12243 of 2010 in crimeNo.81 of 2010 for the offence under Sections 420 I.P. Creed with Section 15(ii) (b) and 15(ii) of the Tamilnadu Medical Council Act, 1956 upon the complaint given by one Medical Officer of Primary Health Centre that the accused even though not an allopath doctor, yet he had been using Blood Pressure Apparatus and allopath medicines.
The accused persons were arrested by the police and subsequently, they were released on bail by the Court.
The learned counsel appearing for the petitioners in all the aforesaid petitions would submit thus:
The accused in all the aforesaid cases are qualified medical practitioners, having underwent courses and obtained medical graduation certificates within the meaning of Indian Medicine Central Council Act 1970. Those petitioners are having B.S.M.S., certificates issued by the competent University and they got themselves registered with the Tamilnadu Siddha Medical council and they are entitled to practice medicine. While so, without any rhyme or reason, the police on mere assumption simply arrested and got them remanded to jail and subsequently, they were released on bail.
The mere allegation as though they practised allopathy medicine, is totally insufficient for the police to press themselves into service as against them and register F.I.R. against them and also arrest them.
The learned counsel appearing for the petitioners would cite the government order in G.O.Ms.248, Health and Family Welfare (IM 2-2), dated 08.09.2010, which is extracted here under for ready reference:
No.II(2)/HF/575/2010.-Whereas,the rights of practitioners of Indian System of Medicine are protected u/s 17(3)(b) of the Indian Medicine Central Council Act, 1970 (Central Act48 of 1970);
And Whereas, as per Section 2(1)(3) of the said Act, "Indian Medicine: means the system of Indian Medicine commonly known as Ashtang Ayurveda, Siddha or Unani Tibb whether supplemented or not by such modern advances, as the Central Council of Indian Medicine may declare by notification from time to time;
And Whereas, the Central Council of Indian Medicine in its NotificationF.No.28-5/2004-AY (MM), dated the 19th May 2004, has clarified that the ward" Modern Advances" in clause (e) of Section 2(1) of the said Act as advances made in the various branches of modern scientific medicine in all its branches of internal medicine, surgery, gynecology and obstetrics, anesthesiology, diagnostic procedures and other technological innovation made from time to time and declare that the courses and curriculum conducted and recognized by the Central Council of Indian Medicine are supplemented with such modern advances;
And Whereas, the Central Council of Indian Medicine has improved and strengthened the syllabus of Indian Medicine by including subjects with regard to National Programmers like National Malaria Eradication programmers, Tuberculosis, Leprosy, Family Welfare Programmed, Reproductive and Child Health Programme, Immunisation Programme, AIDS, Cancer, etc:
Now, Therefore, under sub-clause (iii) of clause (ee) of Rule 2 of the Drugs and Cosmetics Rules, 1945, the Governor of Tamil Nadu hereby declare severy registered medical practitioner holding the qualification specified in the second, third or fourth Schedule to the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) and Part III of the Schedule to the Tamil Nadu Siddha System of Medicine (Development and Registration of Practitioners) Act, 1997 (Tamil Nadu Act 34 of 1997) and registered in the Medical Register of the State maintained under the aforesaid Acts, as a person practicing the modern scientific system of medicine for the purposes of the Drugs and Cosmetics Act, 1940 (Central Act 23 of 1940).
He would also cite the circular memorandum dated 19.06.2010 issued by the Director General of Police, Chennai, which is also extracted here under for ready reference:
R.O.C.No.14742/ Cr.IV(2)/2010 Office of the Director General of Police, Chennai - 600 004. Dated:19.06.2010.
CIRCULAR MEMORANDUM
Sub : Indian System of Medicine - Police action against qualified Indian Medicine Doctors - Instructions issued - Regarding.
Ref : Govt. Lt.No.22715/IM.II(2)/Health Family Welfare Department dt.15.06.2010 & 16.06.2010.
In the reference cited, the Government have stated that the Police Department in the course of their action against the Quacks has inspected the clinics run by the registered medical practitioners in Siddha, Ayurveda, Homeopathy and Unani and arrested some of them as if they had practiced Appopathy System of Medicine. The Government have informed that as per section 17(3) B of the Indian Medicine Central Council Act,1970 the institutionally qualified practitioners of Siddha, Ayurveda and Unani Tibb Homeopathy are eligible to practice respective syustems with modern scientific medicine including Surgery and Gynecology, Obstetrics, anaesthesiology, ENT, Opthalmology etc. Based on the training and teaching.
(2) Hence all Commissioners of Police/Inspectors General of Police, Deputy Inspectors General of Police and Superintendents of Police are requested to instruct the Police Officers in the Cities and Districts not to intervene with the practice of registered practitioners of Siddha, Ayurveda, Unani, Homeopathy and Naturopathy, who are registered in the Tamil Nadu Siddha Medical Council, Tamil Nadu Board of Indian Medicine and Tamil Nadu Homeopathy Medical Council. If any cases of the Doctors who are already under arrest maybe reviewed with reference to the above clarification.
(3) The letter from the Health & Family Welfare Department at 15.06.2010 is enclosed for perusal.
(4)The instructions should be scrupulously followed.
As such a cumulative reading of all the above government order and the communications would amply make the point clear that the police should not interfere with the practise of the siddha practitioners, who are having B.S.M.S. Qualification, either suo motu or based on some complaints given by public. If at all, there are persons, who are aggrieved by the conduct of such medical practitioners, they have to petition the Tamilnadu Siddha Medical Council or the Director of Health services and the interference of the police in such matters would demoralise the qualified practitioners of the Indian Systems of Medicine.
The learned Government Advocate (criminal side) would submit that there are certain cases, which were initiated at the instance of Medical Officer and Private individuals and the police is investigating with them.
I would like to point out that in the light of the above, the police personnel are not bound to interfere in such matters and such registrations of the cases and investigation are per se against law and that affects the morale of the qualified B.,S.M.S. Doctors and such police practice should be deprecated in unmistakable terms. Accordingly, these petitions are allowed and the F.I.Rs. In crime Nos. 81, 63, 140, 72 and 81 of 2010 respectively on the file of the 1st respondent police are quashed. Consequently, connected miscellaneous petitions are closed.