Court mandates independent assessment at AIIMS following CBI's challenge to authenticity of medical documents presented by Jaideep Singh Senger
In a significant development, the Delhi High Court has directed the formation of a Medical Board at the All India Institute of Medical Sciences (AIIMS) to independently evaluate the health condition of Jaideep Singh Senger, also known as Atul Singh. The appellant, currently serving a sentence, sought interim suspension on the grounds of severe medical conditions, including Stage-IV oral cancer. The request was made under Section 389(1) of the Code of Criminal Procedure, 1973, and Section 430(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
During the proceedings, the appellant's legal team, led by Senior Advocate Mr. Pramod Kumar Dubey, presented various medical documents to support the claim of serious health issues requiring specialized treatment unavailable within prison facilities. These documents included MRI reports, AIIMS consultation records, and other medical treatment reports.
However, the Central Bureau of Investigation (CBI), represented by Special Public Prosecutor Mrs. Anubha Bhardwaj, opposed the application. The CBI's challenge was based on a Detailed Verification Report that questioned the authenticity of several medical documents submitted by the appellant. Some prescriptions were allegedly found to be fabricated, not issued by the mentioned doctors, and belonging to another patient.
The court emphasized the necessity for a reliable and objective medical opinion before making a decision on suspending the sentence. Consequently, the bench comprising Justices Navin Chawla and Ravinder Dudeja ordered the constitution of a Medical Board at AIIMS to determine the appellant's current medical status. The court directed the board to assess whether the appellant is suffering from a life-threatening disease like cancer and if adequate treatment could be provided within jail facilities or through escorted visits to government hospitals.
The Jail Superintendent has been instructed to ensure the appellant's presence before the Medical Board, along with all necessary medical records. The Medical Board's findings are to be submitted to the court by March 2, 2026.
The court's decision reflects a balanced approach, ensuring that the appellant's health claims are thoroughly vetted while upholding the integrity of judicial processes. This move comes amid growing scrutiny over the use of medical grounds for sentence suspension.
Bottom Line:
Suspension of sentence on medical grounds - Applicant sought interim suspension of sentence citing serious and life-threatening medical conditions, including Stage-IV oral cancer, supported by medical documents - CBI questioned genuineness of several medical documents submitted by the applicant - Court directed constitution of Medical Board at AIIMS for independent evaluation of applicant's health and authenticity of claims.
Statutory provision(s): Criminal Procedure Code, 1973 Section 389(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Section 430(1)
Jaideep Singh Senger @ Atul Singh v. CBI, (Delhi)(DB) : Law Finder Doc id # 2859186
