Time of Doctors Extremely Valuable: Kerala HC Directs to Summon Witness Doctors only Through Video Conference
Ernakulam: Reiterating that doctors' time is very valuable, the Kerala High Court has issued directions to all judicial officers to be cautious while summoning doctors, especially doctors of mental health hospitals, to take evidence.
Asking the law officers to comply with the judicial directions settled by the Supreme Court in this regard, the High Court, through an office memorandum, clarified that doctors shall not be summoned to be examined physically in the courts except for in extreme circumstances, where their personal appearance is necessary.
As an alternative, the Court has directed to permit the doctors to appear through video conferencing mode. In this regard, the High Court Office Memorandum dated 13.12.2023 mentioned, "Hence, all judicial officers are directed to take note of the order of the High Court cited 3rd and further instructed to be cautious while summoning Doctors, especially Doctors of mental health hospitals, for taking evidence. They shall also adhere to the judicial directions settled by the Honourable Supreme Court in this regard. Generally, the Doctors shall not be summoned to be examined physically in the courts and they shall be permitted to appear through video conferencing mode. Their physical presence before the courts shall be insisted only in extreme circumstances, where their personal appearance is necessary."
While issuing the direction, the Court referred to the orders issued by the Supreme Court and High Courts, which on several occasions, exhorted the courts to avoid summoning the Doctors to the Court, unless it is found necessary.
Such directions were previously issued by the Courts as "the time of Doctors is extremely valuable and the time spent in courts may adversely affect their services to the patients."
Supreme Court Order:
At this outset, the Office Memorandum issued by the HC also referred to the Supreme Court order in the case of Parmanand Katara v. Union of India (1989) and Raj Kumar v. Ajay Kumar & Anr., where the Apex Court had reiterated that the law courts shall not summon medical professionals to give evidence unless the evidence is necessary.
The Supreme Court had mentioned that even if the doctors are to be summoned, an attempt should be made to see that he/she is not made to wait and waste time unnecessarily.
Kerala HC's Directions:
Earlier the Kerala HC had also issued an Office Memorandum in 2014 and restricted the District Judiciary to follow the dictum in the Supreme Court's decision in the case of Parmanand Katara.
During the Covid-19 pandemic as well, the Kerala HC had issued an OM on 30.10.2020 to issue directions to the Courts to avoid summoning doctors for giving evidence to the maximum possible extent and they were directed to resort to Video Conferencing for the same.
Through the recent OM dated 13.12.2023, the High Court also reminded the Courts of Rule 5(4) (v) of the Electronic Video linkage Rules, which provides for appearance of Doctors before the court through video conferencing from Hospitals administered by the Central/State Governments or Local Bodies with Medical Superintendent or an officer authorized by them as the remote point co-ordinator. "The Courts can resort to the said provision appropriately," mentioned the OM.
Referring to these previous instances, the Court in its latest OM dated 13.12.2023 directed judicial officers to take note of the High Court order dated 07.12.2023 and instructed them to be cautious while summoning doctors, especially doctors of mental health hospitals, for taking evidence. The legal officers have also been directed to comply with the judicial directions settled by the Supreme Court in this regard.
"Generally, the Doctors shall not be summoned to be examined physically in the courts and they shall be permitted to appear through video conferencing mode. Their physical presence before the courts shall be insisted only in extreme circumstances, where their personal appearance is necessary," mentioned the Office Memorandum.
To view the High Court OM, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-doctors-summon-228405.pdf
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