Court sentences ISM medico to 2 years in jail

Srinagar, Aug 28: A court here Wednesday sentenced to two years imprisonment a Medical Officer from Indian System of Medicine (ISM) besides imposing a fine of Rs 50,000 on him for cheating by personation and filing an RTI application in the name of another person and using as ‘genuine’ the document.

The Court of 2nd Additional Munsiff, Ahtzaz Ahmad sentenced Dr Zahoor Ahmad Tantray of Kupwara a day after he was convicted for offences punishable under Sections 419 (Cheating by personation) and 471 (Using as genuine a forged document) of Ranbir Penal Code (RPC), a repealed law now.

The court awarded the punishment to the convict after listening to the Additional Public Prosecutor (APP) John Muhammad for the prosecution and the counsel representing the accused.

For the offence under Section 419 of the RPC, the court sentenced Dr Tantray to simple imprisonment of a year and imposed a fine of Rs 25,000 upon him.

“In default of payment of Rs 25000, the convict will further undergo three months imprisonment besides the primary sentence,” the court said.

The court awarded simple imprisonment of a year to Dr Tantray for the offence under Section 471 of the RPC besides imposing a fine of Rs 25,000 upon him. In default of payment of Rs 25000, the court said, the convict would further undergo three months imprisonment besides the primary sentence.

“The convict will serve the sentence at Central Jail, Srinagar, and the sentence will run consecutively," it said. “The detention imposed earlier on the convict during the investigation proceedings and the case proceedings will be set off from the total sentence of 2 years or 2 years 6 months (in case of default of payment of fine) whatever the case may be,” the court said.

It directed the incharge, Central Jail, Srinagar to lodge the convict accordingly.

On October 30, 2013, the case was filed based on a communication received from the then Director, ISM, which indicated that the accused, putting up in a rented accommodation in Bemina here was transferred from Unani Dispensary Gulab Bagh to Unani Dispensary Khanaid, Udhampur, due to his “misconduct”.

Moreover, it was reported that the Medical Officer was harassing the officials of the department by filing the RTI applications using different names so that he could escape from the departmental enquiry and pressurise the officers of the department.

As per the communication, the department grew suspicious on receipt of a chain of RTI applications on “stereotype readymade proforma” filed by impersonating different persons.

The communication underscored that the Medical Officer had filed one of the applications in the name of Muzaffar Anwar Ganie, the son of the owner of the house where the doctor was residing.

The department sent a copy of the RTI application to Muzaffar who on its receipt contacted the department and refused to have sought any such information.

The communication further divulged that another RTI application in the name of Muhammad Ashraf Ganaie was received against the officers who were conducting an inquiry against Dr Tantray.

It also alleged that Dr Tantray wanted to escape from the departmental enquiry by harassing the officers and employees of the department.