Ahmedabad: Gujarat High Court has stayed a sessions court’s order directing Gujarat Medical Council (GMC) to take action against a doctor for professional misconduct over allegations that he issued false medical certificates to help a murder accused obtain temporary bail.The case concerns Dr Rajesh Sangani, a cardiologist from Keshod, who allegedly issued false medical certificates on June 3 and June 19 to a murder and extortion accused — Faruq Maulana, a transporter from Veraval. Maulana filed a bail application before the Veraval sessions court, where he submitted two certificates issued by Dr Sangani, which, the prosecution claimed, were issued without examining the accused, who was in jail at the time.While hearing a bail plea, additional sessions judge J J Pandya issued a notice to a doctor, asking him to explain the certificates. The doctor said the certificates reflected his medical opinion based on the patient’s condition and information provided by relatives. The court, however, held that one certificate was intended to secure outside food for the prisoner and the other to obtain temporary bail, and termed the details “untrue”.Rather than ordering prosecution under BNS, the court on Aug 11 directed GMC to take appropriate action against the doctor for his “misconduct” under Indian Medical Council (Professional Misconduct) Etiquette and Ethics Regulations, 2022.In its order, the court said, “It is often seen that influential and resourceful individuals who are involved in criminal activities and are lodged in jail seek to secure their release or obtain relief from incarceration by taking the assistance of doctors. They get admitted to hospitals on medical grounds and, in some cases, continue to stay there for extended periods as though they were staying in a hotel…if a doctor issues a certificate that is unclear, inaccurate, or misleading, and no action is taken by the court against such conduct, it can have adverse consequences for society.”The doctor challenged this order. His counsel argued that the court hearing a bail application cannot issue such directions and ordering GMC to take action against a doctor was not in its jurisdiction as well.After the hearing, Justice M R Mengdey admitted the doctor’s petition and stayed the sessions court’s order. Further hearing is scheduled for Jan 6, 2027.
