Punjab & Haryana High Court Condemns SDM’s Unauthorized Constitution of Medical Board, Emphasizing the Sanctity of Judicial Authority

In a significant judgment, the Punjab & Haryana High Court addressed a critical breach of judicial protocol involving the unauthorized actions of a Sub-Divisional Magistrate (SDM) in constituting a medical board, despite a prior court order denying such a request. This case underscores the imperative of maintaining the separation of powers and the dangers posed when executive authorities encroach upon judicial functions.

The matter originated from an attempted murder case, wherein a two-member medical board initially assessed the victim's head injury as "dangerous to life." Following this assessment, an application for re-examination was submitted to the Chief Judicial Magistrate (CJM), which was subsequently dismissed. The case progressed to the Sessions Court, where charges were formally framed. Despite the judicial process being underway, a similar application was later presented to the SDM, who, disregarding the ongoing trial and previous court decisions, ordered the formation of a new medical board. This second board, convened ten months post-incident, concluded that the injury was "grievous in nature, but not dangerous to life."

Justice Harpreet Singh Brar, presiding over the High Court, expressed profound disapproval of the SDM's actions, stating that the executive officer had overstepped his authority and encroached upon the judicial domain. The court emphasized that such transgressions by the executive not only undermine institutional accountability but also have the potential to dismantle the functional legal system, leading to chaos.

The court further highlighted that the SDM's decision was made with malice and without any legal authority, aiming to influence the outcome of an ongoing trial. Justice Brar noted that the SDM acted upon the insistence of an individual who lacked any legal standing in the matter, thereby inflicting a legal injury with blatant disregard for the rule of law and principles of natural justice.

This judgment serves as a stern reminder of the importance of adhering to the constitutional framework that delineates the powers and responsibilities of different branches of government. The High Court's decision reinforces the sanctity of judicial authority and the necessity for executive officers to operate within their legal boundaries, ensuring the integrity and proper functioning of the legal system.