5 yrs after doctor’s suicide, police file challan against male friend.
Death of a Ayurvedic Doctor under mysterious circumstances should have triggered an immediate investigation by the police but unfortunately, the case gathered dust. An ordinary civilian kept pressing the police to take action but action only pursued when the Prime Minister, Narendra Modi intervened and moved the police station for a proper investigation which finally uncovered some evidence.
There are several legal issues at play in this matter:
Without doubt, there was foul play surrounding the death of the Doctor, who was found with two syringes in her room by her friend Pratiba, a dietician at the same hospital, and a toxicology report ruled lorazepam poisoning as cause of death. The challan should of pursued a case under section 306(abetment to suicide) of the IPC immediately but since the police as delayed the matter, police has to answer to the why it was delayed.
News Article Facts State:
Mohali Indus Hospital’s Ayurvedic Doctor Yashomati Sharma, age 27, who lived in Mohali Phase 1 but originally from Mandi, Himachal was declared brought dead by the hospital after being found in her room on June 8, 2015. Police also found with 2 syringes and injectable substances. Overdose of Lorazepam (a liquid anxiety disorder medication taken orally or intravenously) was found by the forensics department.
The father (Mor Dhwaj Shastri, a school teacher) of the victim approached the police station for justice but the FIR was filed 8 months after the fact, and only after the Intervention of Narendra Modi. Prior to the Prime Minister’s Union Home Ministry taking action, Mr. Shastri had also approached the then HP Chief Minister Virbhadra Singh, who directed the HP DGP to coordinate with the Punjab Police.
The Police filing a challan after 5 years still do not have an answer why the daughter died, but evidence has surfaced. A text message from the deceased victim to Doctor Nitish Bhardwaj (from Kathua, Jammu and Kashmir) on June 5th stated, “Dubara kisi aur ko bewkoof na banana”. The Police’s interrogation of Dr. Nitish Bhardwaj revealed a romantic relationship between Dr. Nitish and Dr. Yashomati (both ran a private clinic in Kharar) went sour when Dr. Nitish promised to marry and later refused.
The school teacher also stated that his daughter was the only doctor from their village; she faced threats for her colleagues after an argument at a party of doctors 6 months before her death.
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Fortunately, Section 306 of the IPC will definitely have its course on the accused (Dr. Nitish Bhardwaj) tied up in the law many years to come. Unfortunately, the case is starting 5 years later than expected. The father of the deceased Doctor is entitled to damages, but by whom?
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The police should face consequences by the law for neglect of duties,
Section 23 (Duties of Police Officers) of the Police Act, 1861 clearly states that police officers do not have the privilege of refusing to file an FIR.
If there is sufficient proof, then Section 24 (Police Officers may lay information to Magistrate)of the Police Act 1861, give the power to the police officer to taken formal action against any offender under any Act in India.
Section 29 (Penalties for Neglect of Duty, etc.) of the Police Act 1861 states the punishment for Neglect.
The main reason the punishment of the Officers who have neglected their duties is not just for Mr. Shastri’s satisfaction, it is necessary to prevent other Officers by having them acknowledge the consequences. These types of Police Neglect cases will set an example for current and future officers, to free them from the grip of corruption, and prevent and repel them from corruption. Mr. Shastri should do it for beyond the reason of his daughter’s death; he should do it for strengthening Indian Police’s ethics and morals.
Also Read- Quashing of FIR after or before Chargesheet
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