Lack of guidelines puts two Karnataka government doctors in a tizzy over FIR by Kerala magistrate

Before recording the dying declaration, the Magistrate sought certificate from the doctors about the physical and mental condition of the woman but the latetr said they are not authorised to issue it

In the absence of guidelines for government doctors in Dakshina Kannada to deal with requests from Judicial Magistrates of Kerala for certificate on health condition of women undergoing treatment after attempting to die by suicide, the doctors are in a tizzy following an FIR filed by a Kerala Judicial Magistrate against two doctors of Sullia in Dakshina Kannada.

The 2nd Judicial Magistrate First Class, Kasaragod, Abdul Basith, on Sunday, September 22, filed a complaint with Sullia police accusing in-charge ICU doctor Vinyas and Medical Officer Soumya of Sullia Government Hospital of not issuing certificate about physical and mental condition of Rekha of Adhur, who was undergoing treatment, following an attempt to end her life. The Magistrate accused the two government doctors of obstructing his official discharge of duty.

The Adhur police of Kasaragod district said a team of Kerala police had accompanied the Magistrate to record the dying declaration of Rekha, who was undergoing treatment following reported consumption of a poisonous substance.

Unlike Karnataka where dying declaration is recorded by Executive Magistrate, a Judicial Magistrate records the same in Kerala.

The Adhur police said they arrived at the hospital around 2 a.m. Before recording the dying declaration, the Magistrate sought certificate from Dr. Vinyas about the physical and mental condition of Rekha. Dr. Vinyas said he is not authorised to issue it. Soon after, medical officer Dr. Soumya came to the hospital and reportedly refused to issue certificate in the absence of written request. The Magistrate went ahead with recording of declaration of Rekha after finding her in sound condition. An officer from Kasaragod District police said the two medical officers did not conduct themselves in a right way with the magistrate.

Dakshina Kannada District Health and Family Welfare Officer H.T. Thimmaiah said he will consult the judiciary before coming out with guidelines for the conduct of healthcare personnel when judicial magistrates from Kerala come to record dying declaration in hospitals in the district.

Kerala HC Division Bench judgement

In a judgement in April, a Division Bench of Kerala High Court said dying declaration is preferably recorded by officers who are judicially trained to record the declaration. It should be recorded after complying with all the mandatory prerequisites, including certification or endorsement from the Medical Officer that the victim is in a fit state of mind to make a statement

It further quoted the apex court’s constitutional bench decision that stated: “In absence of the certificate of the doctor as to the fitness of mind of the declarant, (dying declaration can be accepted) provided it is proved by the testimony of the person who recorded the statement that the declarant is fit to make the statement”.

Published - September 29, 2024 11:48 am IST