ORDER

Leave granted. Heard the learned counsel for the parties.

2. This appeal is for expunging certain remarks made by a learned Judge of the Guwahati High Court against the two appellants herein, namely, Dr. Dilip Kumar Deka and Dr. P.K. Baruah, who are attached to Mahendra Mohan Choudhary Hospital, Guwahati ( MMCH for short), while disposing of a criminal revision petition filed by an accused in a murder case. Facts and circumstances leading to the remarks are as under.

3. Over the murders of Mrs. Karabi Das and her niece Ms. Chandra Rani Dharitri Das a case under Section 302 IPC was registered by Latasil Police Station on August 1, 1995. In connection with that case Smt. Geeta Kalita and her husband Shri Bhagya Kalita were arrested on August 2, 1995; and on their production before the Chief Judicial Magistrate, Guwahati on the following day, (August 3, 1995) they were remanded to the police custody for seven days on the prayer of the Investigating Officer. While in police custody Smt. Kalita complained of severe abdominal pain in the night of August 8, 1995 and, therefore the police took her to MMCH. There she was first treated by Dr. K.S. Dowerah and, under his advice, was admitted in the hospital as an indoor patient. On the following day the appellant No. 1 examined her and diagnosed that she was suffering from peptic ulcer and appendicitis. The appellant No. 1 then advised the Deputy Superintendent of the hospital to transfer her to the Guwahati Medical College Hospital ( GMCH for short) as the facility for ultra sonography was not available in their hospital. Accordingly, the Deputy Superintendent wrote a letter to the Officer incharge of Latasil Police Station on August 9, 1995 requesting him to make security arrangements for shifting her to GMCH. However, she was not removed to GMCH and, hence, continued to be treated by the doctors of the MMCH including the two appellants.

4. On August 16, 1995, when it was brought to the notice of the Additional Chief Judicial Magistrate, Guwahati, that without the order of the Court Smt. Kalita had been hospitalised, he passed an order calling for an explanation from the Investigating Officer (IO) in that regard and directed him to furnish the names of the Medical Officers who had treated her. The Superintendent of MMCH was also directed to submit a detailed report about the condition of Smt. Kalita by August 21, 1995. To comply with the said direction the Superintendent asked the appellants to submit a detailed report of her medical examination and on the basis of the report so submitted, he sent his report to the learned Magistrate. On perusal of the report the learned Magistrate passed another order on August 21, 1995 asking the Superintendent, MMCH to submit weekly reports about the condition of Smt. Kalita. In terms of the said order the Superintendent forwarded the medical report, submitted by the appellants on August 24, 1995 and on perusal thereof and other materials on record, the Chief Judicial Magistrate, Guwahati passed an order on August 27, 1995, which, so far as it is relevant for our purposes, reads as under :

"The accused Smt. Geeta Kalita was given in police custody and as per order of the Court she was to be produced before the Court on 16.8.1995. But due to the admission of the accused in hospital for the alleged ailment during the period of police custody, the Court on prayer of the I/O extended the period of police custody with a direction to produce the accused before the Court when released from the hospital. In the circumstances discussed above the detention of the accused Geeta Kalita in the MMC Hospital at the moment is not at all necessary and the I/O has also shown no interest to get the accused discharged from the hospital and produce before the Court.

Under the circumstances I refuse to allow the accused Geeta Kalita to be kept in the hospital any further and decline to extend the period of police custody. Hence the Superintendent, MMC Hospital is direc