VETERINARY FRATERNITY UPS ANTE AGAINST THE FALLACIOUS FIR

VETERINARY FRATERNITY UPS ANTE AGAINST THE FALLACIOUS FIR

Ludhiana 23 May 2021

GADVASU clinical services (OPD) remained suspended consecutively in protest to a FIR lodged against its Senior Professor. Briefing the media the teachers’ association GADVASUTA of the premier Veterinary University told that this FIR is a deliberate attempt by a senior official to malign the image of Professor and the decorated institute of North india. While holding protest at Multispecialty Veterinary hospital it was alleged that this is a pure case of gross misuse of official powers by a high ranking official supposed to uphold the dignity of law. Teachers alleged that this FIR is against the ruling of Hon’ble Supreme court which laid down guidelines for prosecuting of medical professionals in Para 50-52 which clearly states that “ A private complaint may not be entertained unless the complainant has produced prima facie evidence before court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of accused doctor”. But contrary to the guidelines laid by Hon’ble Court, a Zero FIR was lodged (which is usually lodged for heinous crimes like rape and murder) without verifying the facts by forming a committee according to guidelines laid by court. It was also disclosed that the sections under which the FIR is lodged also indicate a clear cut foul play to malign the reputation of a renowned doctor and institute. As per record made available to the association, FIR was lodged under Act IPC 1860 Section 428, Act 1860 Section 34 and Act PCA 1990 Section 11. According to legal experts, IPC 428 is an act which is applicable to person(s) “Whoever commits mischief by killing, poisoning, maiming or rendering useless any animals”, whereas, IPC 1860 Section 34 is applicable in criminal acts where “Acts done by several persons in furtherance of common intention” are included and PCA 1990 Section 11 is an act for The Prevention of Cruelty to Animals “which is applicable in cases where a person(s) is accused of beating, torturing, or  subjecting animal to unnecessary pain or suffering”. It is matter of great concern that how all such sections can be filed in a case where an animal is being presented by owner himself for treatment in a government hospital and the animal dies due to negligence of attendees (security guards) who  restrained the animal negligently despite repeated warnings from attending doctors. As per informed legal experts in the matter, it is an obvious violation of laws laid by Hon’ble courts of India from time to time to protect the medical professionals from serious embarrassment and sometime harassment which many a times also lead to loss of reputation which cannot be compensated by any standards. If the FIR is not withdrawn or quashed immediately, the association may approach High Court under section 482 of Crpc for Quashing frivolous FIR and file a Complaint u/s 156(3), 200 and 167 of IPC deliberately lodging false FIR.

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