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Saurabh Malik
Tribune News Service
Chandigarh, December 20
Less than a month after non-bailable arrest warrants were issued against a “bedridden” doctor for his failure to appear in a trial court to depose as a complainant in a case relating to his sister’s “mysterious death”, the Punjab and Haryana High Court has stayed his arrest. The order will remain operative till the disposal of his plea for non-appearance due to medical condition.
Taking up the petition filed by Chandigarh-based Dr Pyara Lal Garg against Punjab and another respondent, Justice Rekha Mittal asserted: “The petition stands disposed of with a direction to the trial court to decide the application filed by the petitioner as regards his inability to appear in the court due to his medical condition. In the meantime, the petitioner shall not be taken in custody till the disposal of his application.”
In his petition filed through advocate Ashok Sharma Nabhewala, Dr Garg had assailed order dated November 17 passed by the Additional Sessions Judge, Patiala, whereby his presence was sought to be secured through non-bailable warrants of arrest for his failure to appear in the court.
Nabhewala said Dr Garg’s 80-year-old sister Moorti Devi died in “mysterious circumstances” in April 2012, but the case was passed off as suicide. He alleged the police destroyed evidence and then submitted a challan in the court concerned.
He said the case was fixed for hearing before the trial judge on September 15. But the petitioner suffered a fall a day prior to the date of hearing in front of his counsel’s house and suffered fracture and injuries. He was rushed to the Sector 16 Hospital before being shifted to the PGIMER. “It was detected that in addition to fracture and injuries on legs and feet, the petitioner had also fractured his spine….. The doctor has advised him complete rest,” he added.
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