The Orissa High Court ruled that a doctor cannot be held criminally responsible for prescribing drugs from any pharmaceutical company to treat serious diseases like cancer, unless the drug is hazardous, substandard, or restricted by the government.
The court made this ruling while quashing criminal proceedings against Dr. Rabindra Kumar Jena, former professor and head of haematology at SCB Medical College & Hospital, Cuttack.
Clarification on Prescription Practices
Justice Aditya Kumar Mohapatra clarified that if a pharmaceutical company benefits from a doctor’s prescription, it cannot be considered undue favour or a loss to the government exchequer.
The judge stressed that encouraging such criminal cases would discourage doctors from offering fair and fearless treatment to patients.
Background of the Case
The case originated when state vigilance filed an FIR on December 12, 2017, alleging that Dr. Jena misused his position to favour certain pharmaceutical companies and violated Odisha State Treatment Fund (OSTF) guidelines by prescribing costlier chemotherapy drugs to economically disadvantaged patients.
Dr. Jena challenged the criminal proceedings before the High Court in 2024.
High Court’s Observations on OSTF Guidelines
Justice Mohapatra observed that OSTF guidelines do not restrict prescribing costlier medicines if necessary for proper treatment.
The court noted that prescriptions were reviewed by a screening committee, which raised no objections.
Prosecution Found Arbitrary and Illegal
In his April 16 order, Justice Mohapatra held that the initiation of the criminal proceedings was illegal, as it was done without a preliminary inquiry by experts.
He stated that no prima facie case was made out against Dr. Jena based on the FIR and noted arbitrariness, discrimination, and blatant illegalities in the prosecution’s conduct.
Final Court Conclusion
The High Court concluded that the case clearly met the criteria for quashing a criminal proceeding as laid down by the Supreme Court.
It ruled that continuing the prosecution would amount to an abuse of the legal process, and therefore, dismissed the case against Dr. Jena.
