Unable to read doctors' handwriting, court seeks printed medico legal reports
Lucknow Nov 3 : Fed up of summoning doctors to decipher medico legal reports, the Lucknow bench of Allahabad high court has ordered that computer printed reports be provided along with the original handwritten reports.
Making the observation on Friday, a division bench of justice Ajai Lamba and justice D K Singh said the unreadable hand written reports, produced before the courts in every other case, act as a hindrance in effective adjudication.
However, the printed report will have to be signed by the author as true copy of the original or by some other authorised signatory, after its comparison with the original, the court said.
It would also form part of police report at the time of conclusion of the investigation, the court added.
Despite imposing costs to be recovered from the salary of a number of doctors, they have not been recording medico legal reports/injury reports and post-mortem reports in readable and clear handwriting, the bench said.
Hence in every other case the court has to summon the doctor for reading out the medico legal reports for the benefit of effective adjudication, it added.
"Summoning a doctor simply for reading the report authored by him for bad handwriting does not make administrative sense," the court said while disposing of a writ petition challenging a First Information Report.
"We hereby take judicial notice of the fact that a doctor in a government medical facility is required to examine a large number of patients in a day."
"If for every hearing in revision jurisdiction, bail jurisdiction before the Court of Magistrate, Court of Sessions or the High Court or in appellate jurisdiction, government medical practitioner is required to appear, the work of the doctor in the hospital shall suffer and a large number of patients would be deprived of the services of such medical specialist," the court said.
Reiterating that the relevance of medico legal reports in cases of injury, homicide or suicide is enormous, the bench said, "The medical reports, however, are written in such shabby handwriting that they are not readable and decipherable by advocates or Judges."
The bench had earlier directed the medical department that the doctors must prepare legible medical reports with clear depictions and on HC's directions the DG (Medical and Health Services) had also issued a circular on November 8, 2012 but to no avail.
In recent days, the bench summoned many doctors for reading the illegible reports and later imposed cost upon them also so that the doctors should mend their ways but the situation did not improve.
Hearing the petition moved by one Arjun Singh, the court had to yet again summon a doctor from Amethi Community Health Centre (CHC) for reading the injury report.
Coaxed with the exercise to summon the doctor, the bench directed the concerned state authorities to avail computers and printers for preparing typed copy of every original report.
The bench has also summoned the compliance report.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
