SC Sets Aside HC Order, Revives Medical Practitioner’s Licence

The Supreme Court recently set aside a Calcutta High Court order that revoked a medical practitioner’s licence for contempt of court.

A bench of Justice BR Gavai and Justice Sanjay Karol stated that the Contempt of Courts Act, 1971, does not grant courts the authority to cancel medical licences. They emphasized that the power to penalize medical practitioners by revoking their licences lies solely with the National Medical Commission (NMC).

They further highlighted that the issuance, regulation, and suspension of medical practice licences are exclusively governed by the 2019 National Medical Commission Act. It clarified that the offenses of contempt of court and professional misconduct by a medical practitioner are distinct from each other, with professional misconduct falling under the jurisdiction of the National Medical Commission Act, 2019.

“The power to punish a registered medical practitioner for ‘misconduct’ rest exclusively with the body envisaged under this Act. The Act itself provides for an exhaustive, complete mechanism to revoke the licence of a registered practitioner for professional misconduct. The same may be done after holding an inquiry and complying with the principles of audi alterum partem,” the bench pointed out.

Accordingly, the top court set aside the July 2022 Calcutta High Court order that had suspended the doctor’s medical practice licence for two years due to the failure to demolish an unauthorized construction.

Additionally, the bench noted that Section 12(1) of the Contempt of Courts Act only prescribes a punishment of simple imprisonment not exceeding six months or a fine not exceeding ₹2,000 for contempt of court. Furthermore, sub-section 2 of this provision indicates that “no other punishment can be prescribed to a person guilty of committing contempt of Court.”

The bench was apprised that the required demolition had taken place. As a result, the bench allowed the appeal and directed that the medical practitioner’s licence would be reinstated.