Srinagar: The Court of 2nd Additional Munsif on Wednesday sentenced an Indian Systems of Medicine (ISM) doctor to two-year imprisonment and a monetary fine after convicted him for offences of cheating and impersonation while filing applications under Right To Information (RTI) Act.
The accused — Dr Zahoor Ahmad Tantray of Kupwara, a medical officer — had been convicted on Tuesday for offences punishable in terms of RPC sections of 419 (cheating by impersonation) and 471 (using as genuine a forged document).
The doctor was allegedly using different names to avoid being identified while filing RTI applications some 11 years ago.
The 2nd Additional Munsiff, Ahtzaz Ahmed pronounced the sentence in open court today and recorded “for the offence under section 419 of the RPC, simple imprisonment of one year along with a fine of Rs 25000 (Rupees twenty-five thousand only) is imposed upon the convict. In default of payment of Rs 25000, the convict shall further undergo three months imprisonment besides the primary sentence,” the court said, adding, “For the offence under section 471 of the RPC, simple imprisonment of one year along with a fine of 25000 is imposed upon the convict. In default of payment of 25000, the convict shall further undergo three months imprisonment besides the primary sentence.”
The court said that both sentences shall run “consecutively” and the detention imposed earlier on the convict during the investigation proceedings and the case proceedings shall be set off from the total sentence of 2 years or 2 years 6 months (in case of default of payment of fine) whatever the case may be.
The court announced the sentence a day after convicting the 50-year-old medical officer.
It said that filing RTI applications under the umbrella of somebody else’s name is a crime which not only affects the officials of the ISM department or the persons so impersonated in particular, but also the public in general.
A case was filed against the accused doctor on October 30, 2013 on the basis a communication received from the then Director, ISM. It stated that the accused, putting up in a rented accommodation in Bemina Srinagar, was transferred from Unani Dispensary Gulab Bagh to Unani Dispensary Khanaid, Udhampur because of his “misconduct”.
The medical officer was harassing the officials of the department by filing RTI applications under different names so that he could escape from the “departmental enquiry”, and to pressurize the officers of the department, it said further.
As per the communication, the department grew suspicious on receipt of the chain of RTI applications on “stereotype readymade format” filed by the accused while impersonating different persons.
The medical officer, as per the communiqué, had filed one of the applications in the name of Muzaffar Anwar Ganie, who happens to be the son of the owner of the house where the doctor was residing.
The department sent a copy of RTI application to Muzaffar Anwar Ganie, who on its receipt contacted the department and refused to have sought any such information.
Similarly, the communication said, another RTI application in the name of one Mohammad Ashraf Ganaie was received against the officers who were conducting an inquiry against the accused doctor.
The communication stated that the doctor actually wanted to escape the departmental enquiry and harassed and distressed the officers and employees of the department.
