New Delhi: The Delhi High Court has upheld the National Human Rights Commission (NHRC) order directing the Delhi Police Commissioner to pay ₹50,000 as compensation to a senior doctor for failing to register an FIR regarding violence against him and his female staff.
Case Background
🔹 In November 2021, miscreants illegally trespassed into the doctor’s clinic and allegedly outraged the modesty of his female staff.
🔹 The doctor called the police, but the investigating officer (IO) did not file an FIR, claiming that the doctor refused a medical examination and did not submit a written complaint.
🔹 The next day, the doctor filed a complaint with NHRC, accusing the police of inaction.
NHRC’s Findings & Order
📌 NHRC took cognizance of the complaint and directed the Deputy Commissioner of Police (DCP), South District, Delhi, to submit an Action Taken Report (ATR).
📌 After reviewing the report, NHRC found the police’s failure to act unjustified and issued a show-cause notice to the Police Commissioner.
📌 NHRC ruled against the police, stating that:
✔ Trespassing, outraging modesty, and criminal intimidation are cognizable offences under the IPC.
✔ Violence against doctors is a serious crime under the Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008.
✔ The police’s excuse that the doctor was not willing to pursue the case was unconvincing.
📌 NHRC ordered the Police Commissioner to pay ₹50,000 to the doctor for non-registration of the FIR.
Delhi HC Rejects Police Commissioner’s Appeal
The Police Commissioner challenged NHRC’s order in the Delhi High Court, arguing that:
🔹 The doctor did not wish to file a complaint, and
🔹 An inquiry conducted after NHRC’s ruling supported the police’s position.
However, the Delhi HC dismissed the petition, stating that:
✔ The police failed to act on a serious complaint involving violence against a medical professional.
✔ The post-facto inquiry conducted after NHRC’s ruling was an attempt to justify inaction and was misleading.
✔ The police had no right to approach the complainant after the NHRC case was filed and attempt to obtain a self-serving statement.
✔ The NHRC’s findings were detailed and legally sound, and the police were bound to comply.
HC’s Final Ruling
🔹 The High Court upheld the NHRC order, ensuring accountability for non-action against violence on doctors.
🔹 The ₹50,000 fine on the Police Commissioner was upheld, reinforcing that failure to protect healthcare professionals would not be tolerated.
This judgment sets an important precedent for the protection of doctors and ensuring police accountability in cases of violence against medical professionals.
