2021 (5) TMI 1042 - HC - Indian Laws

Seeking co-operation with the investigation procedure - Public Prosecutor submits that the petitioners are not cooperating with the investigation and are not appearing before the investigating officer when they were called to appear - HELD THAT - The requirement of investigation has to be balanced with the necessity of the presence of these Doctors at the hospital in the present situation of the pandemic going out of control. Accordingly, the investigating officer may call for the presence of the petitioners by way of a written notice with a minimum time period of seven days being granted for such appearance. The investigating officer may also consider the fact that these petitioners are presently needed for an effective response against the covid pandemic before issuing any notice - Application disposed off.

Summary

Issues:
1. Cooperation of petitioners with the investigation
2. Need for petitioners' presence at Covid Dedicated Hospital during the pandemic

Analysis:
1. The judgment addresses the issue of cooperation by the petitioners with the investigation. The Special Assistant to the Public Prosecutor highlighted that the petitioners, who are NRIs, were not cooperating by failing to appear before the investigating officer when called. On the other hand, the petitioners' counsel argued that no summons had been received, and they were willing to appear upon receiving proper notice. The court acknowledged the importance of balancing the investigation's requirements with the petitioners' professional commitments as senior Doctors running a Covid Dedicated Hospital.

2. The second issue pertains to the necessity of the petitioners' presence at the hospital during the Covid-19 pandemic. The petitioners' counsel emphasized that the Doctors' presence was crucial for the effective functioning of the hospital in the current situation where the pandemic was escalating. Considering these circumstances, the court directed the investigating officer to issue a written notice to the petitioners, granting a minimum seven-day period for appearance. Additionally, the court instructed the investigating officer to take into account the petitioners' critical role in the Covid response before issuing any notice, recognizing the urgent need for their services during the pandemic crisis.

Overall, the judgment strikes a balance between the investigative requirements and the petitioners' professional responsibilities, particularly their indispensable role in managing a Covid Dedicated Hospital amid the escalating pandemic situation. The court's directive for a written notice with a reasonable time frame for appearance reflects a pragmatic approach to ensure cooperation with the investigation while safeguarding the petitioners' vital contributions to public health during the crisis.