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2016 (12) TMI 1848 - SUPREME COURTMurder - Respondent No. 1 fired upon his brother-in-law Vishnu from his revolver and thereafter Sombir also fired upon Vishnu - Sections 148, 302 and 307 of the Indian Penal Code read with Section 149 Indian Penal Code and Section 25 of the Arms Act - HELD THAT:- The Medical Professionals namely Dr. Munish Prabhakar and Dr. K.S. Sachdev extended medical asylum to the Respondent without there being any reason or medical condition justifying prolonged admission of the Respondent as an indoor patient as a cover to defeat the Orders passed by this Court and the Trial Court, as stated above and thereby aided and assisted the Respondent in violating the Order of this Court. By such conduct these Medical Professionals have obstructed administration of justice. The Respondent guilty of having violated the Order dated 24.10.2013 passed by this Court and for having obstructed administration of justice. We also hold Dr. Munish Prabhakar and Dr. K.S. Sachdev guilty for having helped the Respondent in his attempts and thereby obstructing administration of justice. Having held so, we could straightaway have imposed appropriate punishment under the Act. However, we deem it appropriate to grant one more opportunity to these contemnors. The Respondent has not filed any affidavit nor tendered an apology. At the same time for Dr. K.S. Sachdev, Managing Director of the company that owns the hospital is said to be 76 years of age. Considering the fact that these are medical professionals with sufficient standing, the ends of justice would be met if one more opportunity is granted to them to present their view on the issue of punishment. In the circumstances, we direct presence of these three contemnors on January 2, 2017. Role of the police officials - HELD THAT:- The conduct exhibited by the concerned police officials in not ensuring compliance of the Orders passed by the Trial Court calls for strict administrative action. The actions in that behalf have already been initiated and for the present we rest content by observing that the disciplinary proceedings shall be taken to logical end and the guilty shall be brought to book. We request the Director General of Police of Haryana and the Home Secretary to look into the matter and ensure that the departmental proceedings are taken to logical end at the earliest. The status report/action taken report in that behalf shall be filed in this Court within three months from the date of this judgment. Application disposed off.
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