Request for Kind Attention and Action Against False Affidavit- "Dentist are Not Doctors"

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Honorable Sir,

This petition is to express the deep concern about the role of UT Chandigarh police and Addl. Public Prosecutor as we would like to draw your attention to the affidavit filed by UT Chandigarh Police “Dentists do not come within the definition of Doctors” which is being published in the newspapers across the nation affecting the repute and moral of the Dentists.

MOST RESPECTFULLY SUBMITTED FACTS AS UNDER:-

1.    That Chandigarh police have registered a FIR against Dr Mohit Dhawan under IPC section 420, 467, 468 and 471 for alleged charges of Medical Negligence without Constitution of Medical Board violating the Honorable Supreme Court Judgments of Lalita Kumari  Vs State of U.P and Jacob Mathew Vs State of Punjab. The officials ignored Supreme Court Judgments by Supreme Court Judges Justice P. Sathasivam and Justice Ranjan Gogoi’s bench that in no condition the Doctor can be accused for section 420 or 109 IPC, unless there are strong evidence that establish relation of Doctor with criminals involved in the case.

2.    That Dr Mohit Dhawan filed a case in Honorable High Court of Punjab And Haryana wide CRM-M 14517 of 2018 seeking relief.

3.    That Mr Sukant Gupta, Addl Public Prosecutor, UT Chandigarh (Enrolment no P/654/1990) and UT Chandigarh Police through DSP (E) Mr. Satish Kumar filed a Short Reply by the way of Affidavit on behalf of UT Chandigarh dated 03.05.2018 in compliance with orders dated 17.04.2018 and 25.04.2018 in CRM-M 14517 of 2018 (Dr Mohit Dhawan Vs UT Chandigarh) of Honorable Punjab & Haryana High Court.

4.    That Addl Public Prosecutor and DSP(E) filed a short reply by the way of Affidavit in which wide point no 4: Para 2 the respondents stated that “ Dentists do not come within the definition of Doctors and are not registered with Medical Council of India (MCI)” meaning thereby that Dentists are Not Doctors. The above-mentioned reason is the explanation for not Constituting Medical Board against the alleged charges of Medical Negligence violating the Honorable Supreme Court Judgments.

5.    That this has been done purposely and with ulterior motive to mislead the Honorable court. Dentist like other medical professionals are dealing with the ailment of the body diseases and are “Doctors” like in any other country. Dentists are registered with Dental Council of India and Not with Medical Council of India. Such an affidavit sets up a wrong precedent.

P R A Y E R

1.    It is most respectfully prayed that you accept the present petition, and initiate legal proceedings against the involved officials for giving false affidavit in the court and for contempt of court.

2.    Initiate Disciplinary proceedings against Mr Sukant Gupta, Addl Public Prosecutor, UT Chandigarh for filing a false affidavit. The Public Prosecutor in the case has failed to be Impartial, Fair and Truthful.

3.    Hold an Enquiry into the role of involved Police officials.

4.    Any other orders, which may deem fit and proper in the facts and circumstances of the present case be also passed.