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PETITIONER: PT. PARMANAND KATARA

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT28/08/1989

BENCH: MISRA RANGNATH BENCH: MISRA RANGNATH OZA, G.L. (J)

CITATION:  1989 AIR 2039            1989 SCR  (3) 997  1989 SCC  (4) 286        JT 1989 (3)   496  1989 SCALE  (2)380

ACT:     Constitution  of India, 1950: Article 21--Obligation  on the  State to preserve life--Every doctor  has  professional obligation  to extend services to protect life--All  Govern- ment  hospitals/Medical institutions to pro  vide  immediate medical aid in all cases.     Indian  Medical  Council Act, 1860:  Section  33--Indian Medical  Council/Code  of  Medical  Ethics--Clauses  10  and 13--Obligation  to sick--Patient not to be  neglected--Court emphasized necessity to provide immediate medical aid.     Practice and Procedure: Medical professional--Law courts will not summon unless evidence is necessary--Should not  be made to wait and waste time unnecessarily.

HEADNOTE:     The  petitioner, who claims himself to be a human  right activist, filed this writ petition in public interest on the basis of a newspaper report concerning the death of a scoot- erist  who  was knocked down by a speeding car.  The  report further  states  that the injured person was  taken  to  the nearest hospital but the doctors there refused to attend  on him;  that they told that he be taken to  another  hospital, located  some  20 kilometers away, which was  authorised  to handle medico-legal cases; and that the victim succumbed  to his injuries before he could be taken to the other hospital. The  petitioner has prayed the directions be issued  to  the Union of India that every injured citizen brought for treat- ment should instantaneously be given medical aid to preserve life  and thereafter the procedural criminal law  should  be allowed to operate in order to avoid negligent death, and in the event of breach of such direction, apart from any action that  may be taken for negligence, appropriate  compensation should be admissible.     The  Secretary, Ministry of Health & Family  Welfare  of the  Union of India, the Medical Council of India,  and  the Indian Medical Association were later impleaded as  respond- ents. Documents  relating to the steps taken from time to time  in this 998 regard were produced. by the respondents. Reference was made

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to the Code of Medical Ethics drawn up by the Medical  Coun- cil   of   India,  wherein  the  need  to  attend   to   the injured/serious persons immediately without waiting for  the police report or completion of police formalities was recog- nised  and  the Government of India was  requested  to  take necessary and immediate steps to amend various provisions of law  which come in the way of government doctors as well  as other  doctors in private hospitals or public  hospitals  in this  regard.  The  proceedings  of  the  meeting  held   on 29.5.1986  in which the Director General of Health  Services acted as Chairman were also referred to. This Committee  had formulated some guidelines. On behalf of the Union of  India it  was  stated that there was no provision  in  the  Indian Penal  Code, Criminal Procedure Code, or the Motor  Vehicles Act,  etc. which prevented doctors from  promptly  attending seriously  injured  persons and accident  cases  before  the arrival of police. Disposing of the Writ Petition, this Court,     HELD:  (1)  Article  21 of the  Constitution  casts  the obligation on the State to preserve life. [1005G]     (2) There can be no second opinion that preservation  of human life is of paramount importance. That is so on account of  the  fact that once life is lost, the  status  quo  ante cannot be restored as resurrection is beyond the capacity of man. [1005F]     (3)  The patient whether he be an innocent person  or  a criminal liable to punishment under the laws of the society, it is the obligation of those who are incharge of the health of  the community to preserve life so that the innocent  may be protected and the guilty may be punished. Social laws  do not  contemplate death by negligence to tantamount to  legal punishment. [1005F]     (4)  Every  doctor whether at a Government  hospital  or otherwise  has  the professional obligation  to  extend  his services with due expertise for protecting life. [1006A]     (5) No law or State action can intervene to  avoid/delay the discharge of the paramount obligation cast upon  members of  the  medical  profession. The  obligation  being  total, absolute and paramount, laws of procedure whether in statute or  otherwise  which would interfere with the  discharge  of this  obligation  cannot be sustained and  must,  therefore, give way. [1006B] 999     (6)  The Court gave directions for giving adequate  pub- licity  to the decision in this case by the national  media, the Doordarshan and the all India Radio, as well as  through the High Courts and the Sessions Judges. [1006E-F] Per G.L. Oza, J. (concurring)     (1)  The  Code of Medical Ethics framed by  the  Medical Council  was approved on 23rd October, 1970. This  only  re- veals  an unfortunate state of affairs where  the  decisions are  taken  at the highest level good  intentioned  and  for public  good but unfortunately do not reach the  common  man and  it only remains a text good to read and  attractive  to quote. [1007D-E]     (2) It is clear that there is no legal impediment for  a medical professional when he is called upon or requested  to attend  to an injured person needing his medical  assistance immediately. There is also no doubt that the effort to  save the person should be the top priority not only of the  medi- cal professional but even of the police or any other citizen who  happens to be connected with the matter or who  happens to notice such an incident or a situation. [1008F]     (3) The members of the legal profession, our law  courts and everyone concerned will also keep in mind that a man  in

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the medical profession should not be unnecessarily  harassed for purposes of interrogation or for any other formality and should  not be dragged during investigations at  the  police station and it should be avoided as far as possible. [1009C]     (4) Law courts will not summon a medical professional to give  evidence unless the evidence is necessary and even  if he  is summoned, attempt should be made to see that the  men in  this  profession  are not made to wait  and  waste  time unnecessarily. [1009D]

JUDGMENT:     ORIGINAL JURISDICTION: Writ Petition (Criminal) No.  270 of 1988. (Under Article 32 of the Constitution of India). Pt. Parmanand Katara-in-person.     A.D. Singh, U.R. Lalit (N.P.). R.B. Misra. Ms. A. Subha- shini, B.R. Agarwala, Ms. Sushma Manchanda, Ms. Suman Rasto- gi and Ms. 1000 Indu Malhotra (N.P.) for the Respondents. The following Judgments of the Court were delivered     RANGANATH MISRA, J. The petitioner who claims himself to be  a ’small human right activist and fighting for the  good causes for the general public interest’ filed this  applica- tion  under  Article  32 of the Constitution  asking  for  a direction  to the Union of India that every injured  citizen brought for treatment should instantaneously be given  medi- cal  aid  to  preserve life and  thereafter  the  procedural criminal law should be allowed to operate in order to  avoid negligent  death and in the event of breach of  such  direc- tion,  apart  from any action that may be taken  tot  negli- gence,  appropriate  compensation should be  admissible.  He appended  to the writ petition a report entitled ’Law  helps the injured to die’ published in the Hindustan Times. In the said  publication  it  was alleged  that  a  scooterist  was knocked down by a speeding car. Seeing the profusely  bleed- ing  scooterist, a person who was on the road picked up  the injured  and took him to the nearest hospital.  The  doctors refused  to attend on the injured and told the man  that  he should take the patient to a named different hospital locat- ed some 20 kilometers away authorised to handle medico-legal cases.  The  samaritan carried the victim, lost no  time  to approach  the other hospital but before he could reach,  the victim succumbed to his injuries.     The  Secretary, Ministry of Health & Family  Welfare  of the  Union  of India, the Medical Council of India  and  the Indian Medical Association were later impleaded as  respond- ents  and return to the rule has been made by each of  them. On behalf of the Union of India, the Under Secretary in  the Ministry  of  Health  & Family Welfare  filed  an  affidavit appending the proceedings of the meeting held on 29.5.  1986 in  which the Director-General of Health Services  acted  as Chairman.  Along  with the affidavit,  decisions  of  papers relating  to  the steps taken from time to time  in  matters relating to matters relevant to the application but confined to the Union Territory of Delhi were filed. A report in May, 1983,  submitted  by the Sub-Committee set up  by  the  Home Department  of  the  Delhi  Administration  on  Medico-Legal Centers  and Medico-Legal Services has also  been  produced. The Secretary of the Medical Council of India in his affida- vit  referred  to clauses 10 and 13 of the Code  of  Medical Ethics drawn up with the approval of the Central  Government under  s. 33 of the Act by the Council, wherein it had  been

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said:               "10 . Obligations to the sick:               1001                        Though  a physician is not  bound  to               treat  each and every one asking his  services               except in emergencies for the sake of humanity               and the noble traditions of the profession, he               should  not only be ever ready to  respond  to               the  calls  of the sick and the  injured,  but               should be mindful of the high character of his               mission  and the responsibility he  incurs  in               the discharge of his ministrations, he  should               never forget that the health and the lives  of               those  entrusted  to his care  depend  on  his               skill and attention. A physician should endea-               vour  to  add to the comfort of  the  sick  by               making his visits at the hour indicated to the               patients.               13. The patient must not be neglected:                        A physician is fee to choose whom  he               will serve. He should, however, respond to any               request for his assistance in an emergency  or               whenever temperate public opinion expects  the               service.  Once having undertaken a  case,  the               physician should not neglect the patient,  nor               should  he  withdraw  from  the  case  without               giving notice to the patient, his relatives or               his  responsible friends sufficiently long  in               advance  of  his withdrawal to allow  them  to               secure  another medical attendant.  No  provi-               sionally  or fully registered medical  practi-               tioner shall wilfully commit an act of  negli-               gence that may deprive his patient or patients               from necessary medical care."               The affidavit has further stated:               "The  Medical Council of India  therefore  ex-               pects  that  all  medical  practitioners  must               attend to sick and injured immediately and  it               is  the duty of the medical  practitioners  to               make immediate and timely medical care  avail-               able  to  every injured person whether  he  is               injured  in accident or otherwise. It is  also               submitted  that  the  formalities  under   the               Criminal  Procedure  Code or any  other  local               laws should not stand in the way of the  medi-               cal practitioners attending an injured person.               It should be the duty of a doctor in each  and               every  casualty department of the hospital  to               attend  such person first and thereafter  take               care  of  the formalities under  the  Criminal               Procedure  Code. The life of a person  is  far               more important than the legal formalities.  In               view of this, the deponent feels that it is in               1002               the interest of general human life and welfare               that  the Government should  immediately  make               such  provisions in law and amendments in  the               existing laws, if required, so that  immediate               medical  relief  and care to  injured  persons               and/or serious patients are available  without               any  delay and without waiting for legal  for-               malities  to be completed in the  presence  of               the police officers. The doctor attending such               patients should be indemnified under law  from               any  action by the Government/police  authori-

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             ties/any  person  for not  waiting  for  legal               formalities  before giving relief as a  doctor               would  be  doing his  professional  duty;  for               which he has taken oath as medical practition-               er.                        It  is further submitted that  it  is               for the Government of India to take  necessary               and  immediate steps to amend  various  provi-               sions of law which come in the way of  Govern-               ment  Doctors  as  well as  other  doctors  in               private  hospitals  or  public  hospitals   to               attend the injured/serious persons immediately               without  waiting  for  the  police  report  or               completion of police formalities. They  should               be free from fear that they would be  unneces-               sarily  harassed or prosecuted for  doing  his               duty  without first complying with the  police               formalities  ..........  It is further submit-               ted  that a doctor should  not  feel   himself               handicapped   in  extending immediate help  in               such  cases fearing that he would be  harassed               by  the Police or dragged to Court in  such  a               case. It is submitted that Evidence Act should               also  be  so amended as to  provide  that  the               Doctor’s diary maintained in regular course by               him in respect of the accident cases would  be               accepted  by  the courts in  evidence  without               insisting  the doctors being present to  prove               the same or subject himself to  cross-examina-               tion/harassment for long period of time." The Indian Medical Association which is a society registered under Act 21 of 1860 through its Secretary has stated in the affidavit that the number of deaths occurring on account  of road  accidents  is on the increase due to  lack  of  timely medical attention. In the affidavit it has further stated:               "The  second reason is on account of the  pre-               vailing  police rules and  Criminal  Procedure               Code,  which  necessitate  the  fulfilment  of               several legal formalities before a victim  can               be rendered medical aid. The rationale  behind               this com-               1003               plicated  procedure  is to keep  all  evidence               intact. However, time given to the  fulfilment               of these legal technicalities sometimes  takes               away  the life of a person seriously  injured.               Members of public escorting the injured to the               nearest  hospital  are reluctant  to  disclose               their  name or identity as he is detained  for               eliciting  information and may be required  to               be  called for evidence to Courts  in  future.               Similarly, the private practicing doctors  are               harassed  by  the police and  are,  therefore,               reluctant to accept the roadside casualty.                        It  is submitted that human  life  is               more  valuable  and must be preserved  at  all               costs  and  that every member of  the  medical               profession,  may, every human being, is  under               an  obligation to provide such aid to  another               as  may be necessary to help him survive  from               near-fatal accidents."                   The  Committee under the  Chairmanship  of               the  Director-General of Health  Services  re-               ferred to above had taken the following  deci-               sions:

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             "1. Whenever any medico-legal case attends the               hospital,  the medical officer on duty  should               inform  the Duty Constable, name, age, sex  of               the  patient and place and time of  occurrence               of the incident, and should start the required               treatment of the patient. It will be the  duty               of  the Constable on duty to inform  the  con-               cerned  Police Station or higher police  func-               tionaries for further action.                        Full  medical report should  be  pre-               pared  and  given to the Police,  as  soon  as               examination  and treatment of the  patient  is               over.  The treatment of the patient would  not               wait  .for the arrival of the Police  or  com-               pleting the legal formalities.                         2,  Zonalisation as has been  worked               out  for  the hospitals to deal  with  medico-               legal  cases  will only apply to  those  cases               brought by the Police. The medico-legal  cases               coming  to hospital of their own (even if  the               incident  has  occurred in the zone  of  other               hospital) will not be denied the treatment  by               the  hospital where the case reports, nor  the               case  will be referred to other  hospital  be-               cause  the incident has occurred in  the  area               which belongs to the zone of any other  hospi-               tal.  The same police formalities as given  in               para 1 above will be followed in these cases.               1004                        All  Government  Hospitals,   Medical               Institutes  should  be asked  to  provide  the               immediate  medical aid to all the cases  irre-               spective of the fact whether they are  medico-               legal  cases  or otherwise.  The  practice  of               certain Government institutions to refuse even               the  primary  medical aid to the  patient  and               referring  them  to  other  hospitals   simply               because  they  are medico-legal cases  is  not               desirable.  However, after providing the  pri-               mary  medical aid to the patient, patient  can               be  referred to the hospital if the  expertise               facilities required for the treatment are  not               available in that Institution."               (underlining are ours) To  the  said  affidavit of the Union  of  India  also,  the minutes  of  the 10th Meeting of the Standing  Committee  on Forensic  Medicine  (a Committee set up by the  Ministry  of Home  Affairs of the Government of India) held on  27.4.1985 have  been appended. These minutes show that  the  Committee was  a high-powered one consisting of the Director  General, the Joint Secretary of the Ministry of Health of the Govern- ment of India, a Professor from the All Indian Institute  of Medical  Sciences, the Professor of Forensic  Medicine  from Maulana  Azad  Medical College, New Delhi,  the  Director  & Professor of Forensic Medicine, Bhopal, the Deputy Director, Central  Forensic Science Laboratory, Calcutta  and  certain officers of the Ministry. The proceedings indicate that  the Director-Generals  of Police, Tamil Nadu and  Uttar  Pradesh were also members of the Committee. From the proceedings  it appears that the question of providing medico-legal  facili- ties, at the upgraded primary health centers throughout  the country was under consideration but the Committee was of the opinion  that time was not ripe to think of  providing  such facilities  at the upgraded primary health centers.  One  of the  documents  which  forms part of the  Union  of  India’s

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affidavit  is  the copy of a letter dated 9th of  May,  1978 which  indicates  that a report on some  aspects  of  Medico Legal Practice in India had been prepared and a copy of such report  was furnished to the Health Secretaries of  all  the States and Union Territories more than eleven years back.     From  these documents appended to the affidavit  of  the Union of India, it is clear that the matter has been  engag- ing  the attention of the Central Government as also of  the Governments of the States and the Union Territories for over a  decade.  No improvement of the  situation,,  however,  is perceptible and the problem which led to the filing of  this petition  seems  to exist in hospitals and  private  nursing homes and clinics throughout the country. 1005      In course of the hearing, we directed the petitioner to place  on record for the consideration of the Court and  the respondents  a draft guideline which could be prescribed  to ease the situation keeping the professional ethics in  view. When  the same was filed, copies thereof were circulated  to the respondents and all parties have been heard on the basis of the guidelines submitted on behalf of the petitioner.      The  Medical  Council of India has placed on  record  a copy  of the Code of Medical Ethics and counsel has  made  a statement that there is no prohibition in law justifying the attitude of the doctors as complained. On the other hand, he stated that it is a part of the professional ethics to start treating  the  patient as soon as he is brought  before  the doctor for medical attention inasmuch as it is the paramount obligation  of the doctor to save human life and  bring  the patient out of the risk zone at the earliest with a view  to preserving  life.  In the affidavit filed on behalf  of  the Union of India on 3rd August, 1989, it has been said:               "There  are no provisions in the Indian  Penal               Code, Criminal Procedure Code, Motor  Vehicles               Act  etc. which prevent Doctors from  promptly               attending seriously injured persons and  acci-               dent  case  before the arrival of  Police  and               their  taking into cognisance of  such  cases,               preparation of F.I.R. and other formalities by               the Police. However, the deponent most  humbly               submits that the respondent shall always abide               by the directions and guidelines given by  the               Hon’ble Court in the present case."      There  can  be no second opinion that  preservation  of human life is of paramount importance. That is so on account of  the  fact that once life is lost, the  status  quo  ante cannot be restored as resurrection is beyond the capacity of man.  The patient whether he be an innocent person or  be  a criminal liable to punishment under the laws of the society, it  is  the  obligation of those who are  in-charge  of  the health  of the community to preserve life so that the  inno- cent may be protected and the guilty may be punished. Social laws do not contemplate death by negligence to tantamount to legal punishment.     Article  21 of the Constitution casts the obligation  on the  State to preserve life. The provision as  explained  by this Court in scores of decisions has emphasised and reiter- ated  with  gradually increasing emphasis that  position.  A doctor at the Government hospital   positioned to meet  this State obligation is, therefore, duty-bound to 1006 extend medical assistance for preserving life. Every  doctor whether  at a Government hospital or otherwise has the  pro- fessional obligation to extend his services with due  exper- tise for protecting life. No law or State action can  inter-

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vene  to avoid/delay the discharge of the paramount  obliga- tion cast upon members of the medical profession. The  obli- gation  being total, absolute and paramount, laws of  proce- dure whether in statutes or otherwise which would  interfere with  the discharge of this obligation cannot  be  sustained and  must, therefore, give way. On this basis, we  have  not issued  notices  to  the States and  Union  Territories  for affording  them  an  opportunity of being  heard  before  we accepted the statement made in the affidavit of the Union of India that there is no impediment in the law. The matter  is extremely urgent and in our view, brooks no delay to  remind every  doctor of his total obligation and assure him of  the position that he does not contravene the law of the land  by proceeding  to  treat the injured victim on  his  appearance before him either by himself or being carried by others.  We must  make it clear that zonal regulations  and  classifica- tions  cannot  also  operate as fetters in  the  process  of discharge  of  the obligation and irrespective of  the  fact whether  under instructions or rules, the victim has  to  be sent  elsewhere  or how the police shall be  contacted,  the guideline  indicated in the 1985 decision of the  Committee, as extracted above, is to become operative. We order accord- ingly.     We  are  of the view that every doctor  wherever  he  be within  the territory of India should forthwith be aware  of this  position and, therefore, we direct that this  decision of  ours shall be published in all journals reporting  deci- sions  of  this Court and  adequate  publicity  highlighting these aspects should be given by the national media as  also through the Doordarshan and the All India Radio. The  Regis- try shall forward adequate number of copies of this judgment to  every  High Court so that without delay  the  respective High Courts can forward them to every Sessions Judge  within their  respective jurisdictions and the Sessions  Judges  in their turn shall give due publicity to the same within their jurisdictions.  The Medical Council of India  shall  forward copies of this judgment to every medical college  affiliated to  it. Copies of the judgment shall be forwarded  to  every State Government with a direction that wide publicity should be given about the relevant aspects so that every practicing doctor would soon become aware of the position.     In case the State Governments and the Union  Territories which  have not been heard file any  representation  against the direction, they shall have liberty to appear before this Court and ask for appropriate 1007 direction  within three months from now. Applications  filed after that date shall not be entertained by the Registry  of this Court. Until altered, this judgment shall be followed.      Before  we part with the case, we place on  record  our appreciation  of the services rendered by the petitioner  by inviting the attention of the Court to the problem raised in this case. We must also place on record our appreciation  of the cooperation and understanding exhibited by the Union  of India in the relevant Ministry, the Medical Council of India and the Indian Medical Association. No order for costs.      OZA, J. I entirely agree with what has been observed by my learned brother and also agree with the directions  indi- cated  in the Order made by Hon’ble Shri Justice R.N.  Misra but I would like to add:      As has been quoted by my learned brother, a high  power committee by the Government of India was appointed at a high level  and this was long before and the proceedings of  29th May,  1986  have been filed and have also been  quoted.  The

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Medical  Council  of India alongwith  their  affidavit  have filed  Code of Medical Ethics which everyone in the  medical profession  is  expected to follow but still the  news  item which is the starting point of this petition is of 1988. The Code  of  Medical Ethics flamed by the Medical  Council  was approved on 23rd October, 1970. This only reveals an  unfor- tunate state of affairs where the decisions are taken at the higher level good intentioned and for public good but unfor- tunately  do not reach the common man and it only remains  a text good to read and attractive to quote.      It could not be forgotten that seeing an injured man in a  miserable condition the human instinct of  every  citizen moves  him to rush for help and do all that can be  done  to save  the  life. It could not be disputed  that  inspite  of development  economical, political and cultural still  citi- zens are human beings and all the more when a man in such  a miserable  state hanging between life and death reaches  the medical practitioner either in a hospital (run or managed by the State) public authority or a private person or a medical professional doing only private practice he is always called upon  to rush to help such an injured person and to  do  all that  is within his power to save life. So far as this  duty of a medical professional is concerned its duty coupled with human instinct, it needs no decision nor any code of  ethics nor  any  rule or law. Still in the Code of  Medical  Ethics framed by the Medical Council of India Item 13  specifically provides for it. Item 13 reads as under: 1008               "13. The patient must not be neglected.                        A physician is free to choose whom he               will serve. He should, however, respond to any               request for his assistance in an emergency  or               whenever temperate public opinion expects  the               service.  Once having undertaken a  case,  the               physician should not neglect the patient,  nor               should  he  withdraw  from  the  case  without               giving notice to the patient, his relatives or               his  responsible friends sufficiently long  in               advance  of  his withdrawal to allow  them  to               secure  another medical attendant.  No  provi-               sionally  or fully registered medical  practi-               tioner shall wilfully commit an act of  negli-               gence that may deprive his patient or patients               from necessary medical care."     Medical  profession  is a very  respectable  profession. Doctor is looked upon by common man as the only hope when  a person  is  hanging between life and death  but  they  avoid their  duty  to help a person when he is facing  death  when they  know that it is a medico-legal case. To know  the  re- sponse  of  the medical profession the  Medical  Council  of India  and also the All India Medical Association  were  no- ticed and were requested to put up their cases.     Some apprehensions were expressed because of some misun- derstanding about the law of procedure and the police  regu- lations and the priorities in such situations. On the  basis of the affidavit filed by the Union of India and considering the matter it is clear that there is no legal impediment for a  medical professional when he is called upon or  requested to  attend to an injured person needing his medical  assist- ance immediately. There is also no doubt that the effort  to save  the person should be the top priority not only of  the medical  professional  but even of the police or  any  other citizen  who happens to be connected with the matter or  who happens  to notice such an incident or a situation.  But  on behalf of the medical profession there is one more apprehen-

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sion  which  sometimes prevents a  medical  professional  in spite  of  his desire to help the person, as  he  apprehends that  he  will be witness and may have to  face  the  police interrogation  which sometimes may need going to the  police station repeatedly and waiting and also to be a witness in a court of law where also he apprehends that he may have to go on  number of days and may have to wait for a long time  and may  have to face sometimes long unnecessary  cross-examina- tion  which sometimes may even be humiliating for a  man  in the medical profession and in our opinion it is this  appre- hension which prevents a medi- 1009 cal  professional  who  is not entrusted with  the  duty  of handling  medico-legal  cases to do the needful,  he  always tries  to  avoid and even if approached directs  the  person concerned to go to a State hospital and particularly to  the person who is in charge of the medico-legal cases. We there- fore  have  no  hesitation in assuring the  persons  in  the medical  profession that these apprehensions, even  if  have some  foundation, should not prevent them  from  discharging their  duty as a medical professional to save a  human  life and  to  do all that is necessary but at the same  time.  We hope  and trust that with this expectation from the  members of  the medical profession, the policy, the members  of  the legal profession, our law courts and everyone concerned will also  keep  in  mind that a man in  the  medical  profession should not be unnecessarily harassed for purposes of  inter- rogation  or  for  any other formality  and  should  not  be dragged  during investigations at the police station and  it should be avoided as far as possible. We also hope and trust that  our law courts will not summon a medical  professional to  give evidence unless the evidence is necessary and  even if  he is summoned, attempt should be made to see  that  the men  in this profession are not made to wait and waste  time unnecessarily  and  it is known that our law  courts  always have respect for the men in the medical profession and  they are called to give evidence when necessary and attempts  are made so that they may not have to wait for long. We have  no hesitation  in saying that it is expected of the members  of the  legal profession which is the other honourable  profes- sion to honour the persons in the medical profession and see that  they are not called to give evidence so long as it  is not necessary. It is also expected that where the facts  are so  clear  it is expected that necessary harassment  of  the members of the medical profession either by way of  requests for  adjournments or by cross examination should be  avoided so that the apprehension that the men in the medical profes- sion have which prevents them from discharging their duty to a  suffering  person who needs their assistance  utmost,  is removed and a citizen needing the assistance of a man in the medical profession receives it.     We  would  also like to mention that  whenever  on  such occasions a man of the medical profession is approached  and if  he finds that whatever assistance he could give  is  not sufficient  really to save the life of the person  but  some better  assistance is necessary-it is also the duty  of  the man  in the medical profession so approached to  render  all the help which he could and also see that the person reaches the proper expert as early as possible. R.S.S.                      Petition disposed of. 1010