The Manipur High Court has come down heavy on the state government for failing to act on the court direction to take action against a government doctor for allegedly furnishing false reports in a case of sexual assault on a minor boy in Tengnoupal district, Manipur. It stated that the government should take appropriate action against the erring persons.
In a case of sexual assault on a minor boy in Tengnoupal district in October 2022, a doctor at the subdivisional hospital, Moreh, Tengnoupal district had allegedly issued a false report to the effect that no injuries were found on the victim.
The Manipur High Court had directed the state government to take appropriate action against the doctor of the said hospital for allegedly furnishing false reports in the case. The state, however, failed to act and instead sent a letter to file an affidavit to implead the government doctor in the case.
Following it, the High Court stated that it is not necessary to implead the persons as party respondents in the case. “It is up to the state government to take appropriate action against the persons,” the HC stated.
And the respondents are directed to comply with the order passed on January 25 that stated to take action against government doctors and submit bonafides to prove the implementation of POCSO Act, without fail before the next date of hearing.
The doctor's report is belied by the subsequent report of November 23, 2022 of the Department of Forensic Medicine, JN Institute of Medical Sciences, Porompat, Imphal East, which clearly indicated that there were signs of sexual violence committed upon the child, the court stated.
The HC on Wednesday gave a last opportunity to the state government to prove bona-fides with regard to implementation of the POCSO Act, 2012, by taking appropriate action against the doctor who ostensibly furnished a false report to aid and abet the accused in the case under the POCSO Act 2012.
However, additional advocate general submitted a letter issued by the Deputy Secretary (Health & FW), without filing or proving their bonafides, requested to file an affidavit for impleadment of Medical Officer in Charge, Moreh Hospital and Dr Haominlun Lhungdim as party respondents in the case.
The HC stated it is not necessary to implead them in the case.
It may be mentioned that a suo-moto case was taken up based on Imphal Free Press news report entitled ‘Tengnoupal rape case: Move for delivery justice in chaos' published on November 10, 2022
