Delhi High Court Upholds Compensation Order For Doctor Over Police Inaction

The Delhi High Court has upheld the order issued by the National Human Rights Commission (NHRC), which directed the Delhi Police Commissioner to pay Rs 50,000 in compensation to a senior doctor for failing to register an FIR.

Justice Sachin Dutta delivered the ruling, emphasizing the gravity of the situation and the importance of accountability in cases involving medical personnel.

Incident At Doctor’s Clinic

The issue began when the doctor reported an incident to the police, claiming that miscreants had unlawfully entered his clinic. Following the doctor’s call, police arrived at the clinic and the investigating officer met with the doctor to inquire about the incident.

However, the situation took a different turn when the doctor later alleged that the police did not take any action despite the seriousness of the complaint.

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The next day, the doctor approached the NHRC, accusing the investigating officer of failing to register an FIR after the alleged miscreants entered the clinic and misbehaved with one of his female employees.

The doctor also pointed out that despite calling the police for help, the officer did not take appropriate steps to initiate an investigation.

Police Commissioner’s Response

In response to the doctor’s complaint, the Delhi Police Commissioner argued that the doctor had refused to provide a written complaint, which led to the failure to register an FIR.

However, the NHRC rejected this explanation, noting that violence against medical personnel is a serious issue under the Delhi Medicare Service Personnel and Medicare Service Institute Act, 2008. The Commission emphasized that such an offense is cognizable and should have prompted immediate action from the police.

NHRC’s Ruling And Court’s Decision

The NHRC ordered the Delhi Police Commissioner to compensate the doctor with Rs 50,000 for failing to register the FIR. In its ruling, the NHRC stated that the commissioner’s claim—that the doctor did not want to lodge a complaint—was unconvincing and lacked credibility.

The Commission further stated that the officer’s inaction and the failure to register the FIR led to an unjustified delay in addressing the issue.

While the Delhi Police Commissioner appealed the decision, arguing that the doctor had expressed reluctance to pursue the matter, the court dismissed the plea. The court observed that the commissioner’s reliance on the alleged statement from the doctor about not wanting to proceed with the case was unjustified.

The investigation report, which the commissioner claimed to have submitted to the NHRC, was disregarded by the Commission in its final order.

Misleading Investigation Claims

The court criticized the commissioner’s actions, stating that the investigation report was presented after the NHRC had already issued its order. The court found that the police resorted to conducting an investigation after the NHRC’s ruling, which only reinforced the police’s inaction and further delayed the process.

In conclusion, the Delhi High Court upheld the NHRC’s decision, affirming the compensation order and reinforcing the need for prompt police action in such cases. The ruling emphasizes the importance of protecting medical personnel and holding authorities accountable for their actions.