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IMA White paper on Dr Ketan Desai

IMA White paper on Dr Ketan Desai

Is Dr Ketan Desai a member of Indian Medical Association(IMA)

Yes, he is a valid member through Gujarat State Branch. He is a National Past President of IMA

Was he ever suspended by the state branch or National IMA

No

Is he enrolled on Indian Medical Register (IMR)  of Medical Council of India(MCI) as on date.

Yes

Was he suspend by MCI in the year 2010?

 He was never an employee of the MCI.  As such, there is no question of suspension. Under the Indian Medical Council Act, 1956 - grant of registration as a registered medical practitioner is by State Medical Council. Any suspension / removal of the name of any registered medical practitioner can only be by a State Medical Council.  All those names, which get registered in a State Medical Register, are then required to be entered into the Indian Medical Register. Further, it is only when registration of a registered medical practitioner by a State Medical Council is suspended/removed that the consequential entry is also required to be made by the MCI in the Indian Medical Register.  Without there being any suspension of registration by the State Medical Council, his name was suspended from the Indian Medical Register in 2010. However,  his suspension has been revoked by the MCI in December 2013.

Was he ever suspended by state medical council

No

 

Was he caught red handed by CBI taking bribe of 2 crores

No

How much money was recovered during CBI search from Dr. Ketan Desai's all premises?

As per seizure memo filed by the CBI in the competent CBI court, it was placed on record that only a sum of Rs. 53600/- in all (approx. 900 USD) in cash were recovered by the CBI during search of all the premises belonging to Dr. Ketan Desai and his family .

 

What was his Disproportionate Case(DA)?. What is the status of the case?

On the basis of certain allegations, CBI had initiated investigation whether Dr. Ketan Desai possessed any asset which was disproportionate to his income. Such position is loosely described as Disproportionate Case.

 

Disproportionate Case(DA) was registered by CBI in May 2010 against Dr. Desai and his family members for a period from 1/1/1997 to 22/04/2010. After a detailed investigation by the CBI over a period for 2 years - the CBI  in May 2012 had filed closure report in competent court submitting that all assets in possession of Dr. Ketan Desai and his family members are genuine possessions known to legal sources of his and the income of his family members In 2012, the competent court after due  scrutiny accepted the closure report submitted by the CBI. As a consequence thereof, the appropriate order for  removal of any impediment in relation to the assets and bank accounts - was also made.     

What do you mean by DA case has been closed

The case for disproportionate assets, invariably, begins with the allegation that the assets held are disproportionate to known legal sources of income and therefore, it has to be assumed / accepted that possession of such assets, which are beyond the known legal sources must be from illegal sources say bribe etc.  If upon thorough investigation, the investigating authority concludes that the assets, which are held by the person under investigation, are proportionate to the known sources of his income then in that case, all the allegations of illegal sources of income  such as bribe etc. would deserve to be rejected. No such allegation would then survive. Thus, it can be safely stated that Closure of DA case means that all corruption charges against a person are found to be false and baseless.

What are the current CBI cases against him

With a view to avoid any ambiguity and / or incorrect interpretation etc., it would be useful to refer to and reproduce the entire content of the relevant communication of the CBI in this regard.

 

 The Central Bureau of Investigation had sent a communication to IMA dt. 22.04.14, inter alia, stating therein as under:-

 

1. “Dr. Ketan Desai was arrested by CBI in case RC 02(A)/2010/ACU-IX/CBI/New Delhi on 22.04.2010 on the allegation that he had accepted bribe of Rs.2.00 Crores from the owner of Gian Sagar Medical College, Patiala through a middleman namely Sh. J.P. Singh. However, no cash was recovered during the personal search of Dr. Ketan Desai.

 

2. Case RC 3 (A)/2010/ACU-IX/New Delhi DA Case against Dr. Ketan Desai was closed after investigation and the closure report filed in the competent court has been accepted.

3. In Case RC 0102010 A 0017/Kolkata, Closure Report has been filed in the Competent Court.

4. In Case RC MA1 2010 A 0025 dated 29/06/2010 of CBI ACB Chennai, no action has been taken against Dr. Ketan Desai. However, a Charge Sheet has been filed on 30.12.2011 against other accused person and is pending trial in the court of ACMM Chennai.

5. In Case RC MA1 2010 A 0024 dated 21/05/2010 of CBI ACB Chennai, no action has been taken against Dr. Ketan Desai. However, a Charge Sheet has been filed on 30.05.2012 against other accused person and is pending trial in the court of Principal Special Judge, Pondicherry.

6. In case RC 15 (A) 2010/CBI/ACB dated 26/05/2010 of CBI ACB Hyderabad, no action has been taken against Dr. Ketan Desai. However, a Charge Sheet has been filed against other accused person and is pending trial in the court of ACMM, Hyderabad.

 

 

7. In case RC 2 (A)/2010/ACU-IX/New Delhi, Charge Sheet was filed against Dr. Ketan Desai, Sh J P Singh, Sh N S Bhangu, Dr. Sukhvinder Singh and Dr. Kamal Jeet Singh on 16.09.2011 u/s 7, 8, 12 & 13 (2) r/w 13(1)(d) of PC Act 1988. The trial proceeding has been stayed by the Hon'ble Supreme Court.

 

8. In case RC 006 2010 A0015 dated 22.05.2010 of CBI ACB Lucknow, charges are yet to be framed by the competent court.

Yours faithfully

Sd/-

(H.C. Sharma)

I/c SP/CBI/ACU-IX/New Delhi”

 

Was there any allegation/inquiry againstDr Desaiearlier while he was President MCI?

 

Way back in 2001, Delhi High Court had ordered CBI inquiry against Dr. Desai and appointed an Administrator Mr. Jhingan who was in MCI for one year. CBI after detailed investigation had submitted a closure report in competent court stating that that there is no evidence against Dr. Desai in reference to allegations levelled against him. Upon satisfaction the competentCBI Court and upon due scrutiny had accepted the closure report.

 

For the period from November 2002 till 2009, another committee of four eminent Doctors was constituted by the Hon’ble Supreme Court which had participated in the functioning of the Council for six and a half years. They had submitted three reports regarding the functioning of the council, to the Hon’ble Supreme Court and had concluded in their report that the council is functioning as per the rules and regulations and all the decisions taken during the five yr tenure of Dr Desai from 1996 to 2001 were as per rules and regulations.It is reiterated that from 2002 to 2009, this Ad hoc Committee appointed by the Hon’ble Supreme Court had worked with the Executive Committee in all the decision making process and therefore, there cannot be any scope for any allegation during this period.Thus, for the period 1996 to 2001, the Ad hoc Committee had verified / scrutinized the decisions taken by the MCI during its functioning and which decisions were found to be in accordance with its rules and regulations.For the period from 2002 to 2009, the Ad hoc Committee itself was a part of the decision making in the functioning of the MCI.

 

 

From 2010 for 3 ½ years, the entire decision making in the MCI was through Board of Governors nominated by the Government of India.Thus, it was virtually the Ministry of Health, Govt. of India who has discharged the functions of the MCI for a period of 3 ½ years from May 2010 to December 2013. Thus, no allegation can be made against any office bearer of MCI for this period.

 

What is World Medical Association

It's an association of National Medical Associations of about 110 countries

What is the link  between MCI and WMA

There is no link between MCI and WMA. MCI is a statutory authority constituted under the provisions of the Indian Medical Council Act, 1956 and is  discharging statutory functions assigned there under. MCI is not a private body. It is not a private association.  As such, MCI has nothing to do with the activities of World Medical Association, which is a non-statutory private association. Similarly, a President of the MCI who gets elected under the provisions of the Indian Medical Council Act and the statutory regulations made there under to the said office, has nothing to do with any office in the WMA or WMA as such.

 

For further understanding, this aspect can be explained by another example. Various State Bar Councils and the Bar Council of India are statutory authorities constituted under the provisions of the Advocates Act, 1961.  Various bar associations in various courts in different states in India are only private associations.  Whereas different Bar Councils discharge statutory functions, on the other hand, Bar Associations being private entities do not discharge any statutory functions.

 

Can one be president of MCI and WMA at the same time

It is possible that one person may hold an office in the MCI and may also independently hold an office in the World Medical Association but that does not create any kind of connection and / or linkage with the statutory body like MCI and a non-statutory private association as IMA or WMA.

 

Dr. Ketan Desai is a Member of the Indian Medical Association and its past  national President. By fulfilling the conditions for membership / election for office of the President, WMA, Dr. Ketan Desai had stood elected as President of  WMA and will be  taking over in 2016.

 

Who can become the President of WMA

Any member through the respective member association i.e. member association of WMA.  

Is Dr Ketan Desai the president elect of WMA

Yes

Is he the president elect because of his past MCI post

No, he is president elect through Indian Medical Association.  Holding any position of a member or any position of office bearer in the MCI does not have any impact / bearing in relation to either the membership or holding of any office in WMA, which is a private association.

 

What is the stand of IMA on a doctor who has been charge sheeted with any offence

IMA is clearly of the view / stand that unless any doctor member is convicted of any offence, he cannot be made to suffer any adversity or prejudice because of any charge sheet.

 

IMA has also been given to understand that no State Medical Council in any of the State in India suspends / revokes registration of any medical practitioner only on a charge sheet. They take action only on conviction by a competent court of jurisdiction.