The Supreme Court has directed the Central Bureau of Investigation (CBI) to conduct a preliminary inquiry into the alleged abduction of a Chandigarh-based dentist by local police officers, an incident that reportedly occurred to prevent the dentist from appearing in court. The order came from a bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah, which upheld a Punjab and Haryana High Court directive for an investigation, though it opted to entrust the probe to the CBI for an independent review.
The case stems from a complaint by foreign nationals, once patients of the respondent dentist, which has since raised serious concerns about violations of constitutional rights and laws. The bench emphasized the need for an impartial investigation to clear any doubts regarding the allegations, particularly as they pertain to the personal liberty of a citizen.
The Supreme Courtโs directive follows an appeal by the Chandigarh administration against a March 3, 2023, order from the Punjab and Haryana High Court. The High Court had previously ordered the registration of an FIR and the formation of a Special Investigation Team (SIT) to investigate the dentistโs alleged abduction by Chandigarh Police. The Supreme Court had initially stayed this order but has now ruled that the CBI should conduct the preliminary inquiry based on the facts outlined in the complaint.
The CBI has been tasked with determining whether the dentist was “detained or arrested” by Chandigarh Police at the Sector 19 police station and whether he was produced before a magistrate within the legally required 24-hour period. Additionally, the inquiry will explore whether the actions of the police officers amounted to abduction.
The case concerns Dr. Dhawan, a dentist from Chandigarh, who filed a lawsuit seeking the recovery of outstanding dues from a patient from Nairobi, Kenya, whom he had treated. Following this, Dr. Dhawan faced a series of complaints regarding alleged improper treatment. Despite securing anticipatory bail in two of the complaints, he was required to appear before a magistrate in the third case. However, on the day of the hearing, Dr. Dhawan was allegedly abducted by a team from the Chandigarh Crime Branch, while another team marked his presence in court.
The Chandigarh administration argued that the abduction was related to a criminal case filed against Dr. Dhawan by the Nairobi national, who accused him of cheating during her 2017-18 visit to India for dental implants at his clinic. The police claimed to have arrested Dr. Dhawan in connection with another case on the day he was supposed to appear in court.
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The High Court had expressed serious concerns about the potential implications of the case, noting that if the allegations were true, the conduct of the police officers would represent a significant interference with the administration of justice.
