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Doctors avoiding appearance in court can be coerced: Kerala HC

Coercive means can be adopted to enforce attendance of doctors in courts to give evidence if they fail to turn up despite receiving summons, said the Kerala high court.

The issue of doctors not appearing in courts to support medical evidence came up before a single bench of the high court while considering a petition related to an assault on a couple from Kattiparuthi in Tirur.

In a complaint filed by Beeran Kutty before the Tirur judicial first class magistrate, it was alleged that an eight-member gang of persons known to him trespassed into his house at 8.30am on December 6, 2002 and assaulted him and his wife. The couple suffered serious injuries and underwent treatment in a hospital, the complaint had said.

Police conducted an investigation and concluded that it was a false case. However, the petitioner filed a protest complaint before the magistrate court and adduced evidence. In order to prove that he suffered injuries, the petitioner took steps to summon the investigating officer of Valanchery police station to produce and prove the original wound certificate available in the case diary.

The move to summon the police officer was not allowed by the magistrate court, ruling that it is not needed to prove the wound certificate. This order was challenged in the high court.

Considering the case, justice S Siri Jagan held, "If the petitioner wanted to prove the wound certificate, the petitioner could have very well summoned the concerned doctor who issued the same and the accident-register cum wound-certificate kept in the hospital. The petitioner submits that the petitioner took steps to summon the doctor and the doctor did not appear. Even if that is correct, the petitioner is not without remedy insofar as he can enforce attendance of the doctor before the court by coercive means which the petitioner has not done."

Upholding the magistrate's denial of permission to summon the police officer, the high court held, "As rightly pointed out by the learned magistrate, summoning of the investigating officer and the wound certificate will not in any way help the petitioner to prove the wound certificate."

Article referred: http://articles.timesofindia.indiatimes.com/2014-01-15/kochi/46223398_1_high-court-petitioner-case-diary

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