'Fake' cardiologist of MP held in Prayagraj; NHRC probes death of patients treated by him
Bhopal/Damoh, Apr 7 (PTI): Police on Monday arrested Narendra John Camm, an alleged fake cardiologist who is being linked to death of seven patients at a missionary hospital in Madhya Pradesh's Damoh district, from adjoining Uttar Pradesh, a senior official said.
On Sunday midnight, police registered a First Information Report (FIR) against the accused, who allegedly possesses a bogus medical degree, on forgery and dishonest misappropriation charges on a complaint by Damoh district's Chief Medical and Health Officer (CMHO) MK Jain.
Damoh Superintendent of Police (SP) Shrut Kirti Somwanshi told PTI, "The accused, Dr Narendra John Camm, was arrested from Prayagraj (Uttar Pradesh). Our team conducted a raid and arrested him. Our team is bringing him here."
The accused will be produced in court after he is brought to Damoh, he said.
The police officer said the accused will be interrogated on questions raised by the CMHO in his complaint.
"In the original complaint (submitted to NHRC), there was a mention of death of seven patients at Mission Hospital. Another complaint (filed by CMHO Jain) was related to verification of the doctor's degree," the SP said.
Primary verification revealed the doctor's certificate was fake, Somwanshi said.
The FIR was registered against Camm under Bharatiya Nyaya Sanhita sections 315 (4) (dishonest misappropriation), 338 (forgery), 336 (3) (creating or altering documents or electronic records with fraudulent intent), 340 (2) (forged documents and electronic records) and 3 (5) (joint criminal liability when a criminal act is committed by several persons in furtherance of a common intention).
The accused was arrested on the basis of charges mentioned in the FIR, the police officer informed.
"About the death of patients in the hospital, the district collector has handed over the probe to the Jabalpur Medical College after the report of CMHO. Further investigation will be conducted on the basis of their (Jabalpur Medical College) report," the SP said.
The National Human Rights Commission (NHRC), which received a separate complaint related to death of patients who were treated by the "fake" cardiologist at Damoh Missionary Hospital, is separately conducting a probe into the matter. An NHRC probe team from New Delhi is camping in Damoh, around 260km from Bhopal, and will remain in the district till Wednesday.
As per the complaint lodged with the NHRC by a local resident, the accused, using the name of a famous cardiologist from the UK, 'Dr N John Camm', had shown himself to be educated and trained from abroad.
NHRC member Priyank Kanoongo flagged the use on Friday when he said a case of the untimely death of seven patients has come to light at a missionary hospital in Damoh where a fake doctor was operating on patients in the name of treating heart diseases.
According to the complaint, the real name of the accused is Narendra Vikramaditya Yadav. He misused the name of UK cardiologist Professor John Camm to mislead patients and they died due to his wrong treatment.
In his complaint, CMHO Jain alleged Camm had committed a fraud by performing angiography and angioplasty on patients at the Mission Hospital without being registered with the Madhya Pradesh Medical Council.
District Collector Sudhir Kumar Kochar told reporters the NHRC team has come to Damoh in connection with the complaint regarding the death of patients at the hospital.
"This (NHRC) team has interacted with us and CMHO. They will talk to the (family of) victims and complainants. They will carry out inquiry till Wednesday," he said.
The NHRC team will share details of their probe with police, Kochar maintained.
Chief Minister Mohan Yadav ordered the health department to take strict action into the matter.
"We are aware of the incident. Our government is taking strict action and is continuously in touch with the Central government. I have instructed the health department to take strict action against such practises, if any, at other places (as well)," Yadav noted.
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SC reserves verdict on ex-CM Yediyurappa's plea against revival of corruption case
New Delhi(PTI): The Supreme Court has reserved its verdict on a plea of senior BJP leader and former Karnataka chief minister B S Yediyurappa against an order reviving a corruption case against him.
The Karnataka High Court, on January 5, 2021, allowed a plea of complainant A Alam Pasha, who hails from Bengaluru, and revived his complaint.
Pasha alleged corruption and criminal conspiracy against Yediyurappa and former Industries minister Murugesh R Nirani and Shivaswamy KS, former managing director of Karnataka Udyog Mitra.
The high court ruled the absence of prior sanction for prosecution—leading to the quashing of an earlier complaint—did not bar the filing of a fresh complaint once the accused had demitted office.
It, however, did not allow criminal prosecution of V P Baligar, a retired IAS officer and former principal secretary of the state government, in the corruption case.
On April 4, a bench comprising Justices J B Pardiwala and Manoj Misra concluded the hearings and framed several key legal questions for its adjudication including whether after a judicial magistrate has ordered probe under Section 156(3) of Code of Criminal Procedure (CrPC), would a prior sanction of the appropriate government authorities be still required under Section 17A of the Prevention of Corruption (PC) Act.
Section 156 (3) of the CrPC permits a judicial magistrate to order a police investigation into a complaint and it may include order for a preliminary inquiry or registration of an FIR.
Section 17A of the PC Act says, “No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval...”
The top court framed seven crucial legal questions, primarily focusing on the interplay between various provisions of the PC Act and the CrPC on the issue of prior sanction to prosecute a public servant and power of the judicial magistrate to entertain a private complaint and order probe and an FIR.
“What are the relevant considerations as contemplated by Section 17A of the Prevention of Corruption Act, 1988 which the appropriate authority or government is expected to look into before the grant of approval for initiation of any enquiry, inquiry, or investigation by the police?” read the first question the bench framed.
Whether the considerations which weigh with the appropriate authority or government while granting approval under Section 17A of the PC Act are fundamentally so different from the one that a magistrate is ordinarily expected to apply while passing an order under Section 156(3) of the CrPC, read the second issue.
“In other words, whether the considerations under Section 17A of the PC Act are of such a nature that they are necessarily beyond the ambit or scope of consideration by a Magistrate while directing an investigation under Section 156(3) of the CrPC,” the bench said.
The top court asked if it could be said that once a magistrate has applied his mind under Section 156(3) of the CrPC, the requirement of a prior approval under Section 17A of the PC Act is meaningless, redundant and no longer necessary.
“Could it be said that a police officer, despite a direction under Section 156(3) by a Magistrate, would remain inhibited from conducting any enquiry, inquiry, or investigation without prior approval as required by Section 17A,” it added.
Whether a magistrate could proceed with inquiry under Sections 200 (examination of private complainant) and 202 (postponement of a criminal case) of the CrPC without prior sanction, and whether such actions are limited only to the pre-cognizance stage, read another question.
The top court asked the counsel of the senior BJP leader to file the written submissions within two weeks, along with relevant case laws addressing not just the framed questions, but any additional issues that may arise.
Pasha had initially filed a complaint alleging Yediyurappa and others conspired to forge documents to revoke the high-level clearance committee’s approval for allotting 26 acre of industrial land to him at Devanahalli Industrial Area.
The complaint, which invoked provisions under the IPC and the PC Act, was initially investigated by the Lokayukta Police, but in 2013, the high court quashed the complaint for a lack of mandatory sanction under Section 19 of the PC Act.
Subsequently, after the accused officials vacated their offices, Pasha filed a fresh complaint in 2014, arguing that sanction was no longer required in light of Supreme Court judgment in the A R Antulay case.
The special judge dismissed the second complaint in 2016, again citing lack of sanction.
Challenging this dismissal, Pasha approached high court which passed a partly favourable ruling.
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