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Dismissing the anticipatory bail plea filed by one doctor accused in a corruption case, the Allahabad High Court recently observed that corruption is a termite in every system and it is an offence against society. 

The bench of Justice Krishan Pahal stated, "Corruption is a termite in every system. Once it enters the system, it goes on increasing. Today, it is rampant and has become a routine."

"Corruption is root cause of all the problems, such as poverty, unemployment, illiteracy, pollution, external threats, underdevelopment, inequality, social unrest. The menace has to be put to account," Court added. 

Further in the context of the instant case, where the accused doctor and his wife (Divisional Medical Officer, Northern Railway) were found in possession of disproportionate assets to the tune of Rupees 1.80 crores, the court said, 

"The medical practitioner administer an oath at the time of convocation as provided by Indian Medical Association which is an extension of Hippocratic oath taken the world over. The oath is not merely a formality. It has to be observed and followed in letter and spirit."

In furtherance of the same, Court added, "It is on these lines that the apex medical education regulator, National Medical Commission has suggested that the Hippocratic oath be replaced by 'Charak Shapath' during the convocation ceremony for graduates in medical services."

Court stressed that "the medical and legal fields are more a service than a profession especially the stream of oncology which deals with life and death."

Therefore, taking a serious view of the matter at hand, Court dismissed the instant plea and said, "it has to seen that the Rule of law is followed and the administration of justice is not hampered, the guilty is brought to book."

Matter in brief

A written complaint was made by the Anti Corruption Bureau, Lucknow in May 2019 alleging that Dr. Sunita Gupta, the then Sr. D.M.O., Northern Railway (N.R.), Divisional Hospital, Charbagh, Lucknow and her husband Dr. Rajeev Gupta, Professor, KGMU, Lucknow were in possession of disproportionate assets during the period between Jan 2009 to July 2016.

It was also alleged that Dr. Rajeev abetted the possession of assets disproportionate to known sources of income by Dr. Sunita. During the search of his house, a total of 1 Crore, 59 lakh rupees were found from the cupboard. Thereafter, a case was registered against him in 2021 under Sections 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 and Section 109 of the Indian Penal Code.

It is in this, Dr. Rajeev had filed an anticipatory bail application with a prayer to enlarge him on anticipatory bail alleging that the money recovered from his house was his hard-earned money. However, Court found that the counsel for Dr. Rajeev failed to accord any tenable explanation for the recovered amount and noted that Dr. Rajeev is not authorized to take private practice as he is employed in a Government institution.

Case Title: Dr. Rajeev Gupta M.D. v. State Of U.P.