Apollo doctors to face trial in Mahajan case

New Delhi: The Supreme Court on Monday dismissed a petition filed by a doctor of Apollo Hospital, who along with six others, is facing allegations of preparing false medical reports to shield Rahul Mahajan, son of prominent BJP leader late Pramod Mahajan, in a narcotics case.

The Court has said that the six doctors of the Apollo hospital will face trial in connection with the case.

A criminal case was registered at the Tughlak Road police station against the doctors of Apollo Hospital who were caught in a flip-flop after they destroyed evidence saying all levels of drugs found in Rahul's blood sample are negative or within normal limits.

The petitioners had come to the Supreme Court against the Delhi High Court judgement refusing to quash the criminal proceeding against the hospital.

Earlier counsel for Dr Prasad Rao, had also contended before the court, that the charge sheet did not disclose any offence to show that the petitioners were involved in the fabrication of medical reports to shield the culprits.

Delhi Police had charged Dr Anupam Sibal, Dr Abha Gupta, four other doctors and six Staff members, including the deputy general manager of the hospital, under section 177 for furnishing false information.

However, earlier counsel for Dr Prasad Rao, had contended before the court, that the charge sheet did not disclose any offence to show that the petitioners were involved in the fabrication of medical reports to shield the culprits.

The Delhi Police had earlier decided to examine Rahul’s medical records and question Apollo's Medical Director Anupam Sibal, who made a complete U-turn on Rahul's toxicology report.

Tough stand on one day, ambiguity on the next day - the dramatic turnaround by Apollo hospital authorities on Rahul's drug report had cast a shadow over the on-going investigations in the case.

Rushing to give a clean chit to Rahul, Sibal had ruled out drug usage, contradicting statements of the four guests at the Mahajan residence.

However, he took a U-turn and later said that traces of Benzodiazepine - a sedative – had been found in Rahul’s urine sample.

Dr Sibal stood by the controversial report that the urine samples of Rahul had tested negative for any identifiable drug.

At the same time, when asked if Mahajan had drugs, Sibal said, "perhaps yes, perhaps, no".

Sibal explained the contradiction by stating that the hospital did not conduct quantitative tests and only performed tests for the qualitative presence of drugs.

"It could be said that cocaine was present even though in a very minute level. It is very much normal," he had said earlier.

However, reports by Dr Lal's Pathological Lab, which conducted the quantitative tests on the urine sample, showed the presence of traces of drugs, including cocaine metabolites and cannabinoids.

A test was also conducted on Rahul's blood sample at Lal's Pathologyl Lab, which showed traces of alcohol.

However, another doctor had also said traces of "cocktail of drugs" were found in the sample although it was negative because they were under permissible limits.

Police had then called in Dr Sibal for interrogation to the Tughlak Road police station.

Meanwhile, the police also questioned Sahil Zaroo after he was brought down from Srinagar. Sahil confessed that it was he who has brought cocaine for Rahul and Maitra.