Background 

In the Instant case of Gostho Behari Das V. Dipak Kumar Sanyal & Ors a civil lawsuit was launched in opposition to the Calcutta High Court’s decision to suspend the petitioner’s medical licence from practise due to contempt of court.

Issue 

whether the Contempt of Courts Act, 1971 permits the suspension of a medical licence.

Apex Court Decision 

The Supreme Court’s division bench, which is comprised of Justices BR Gavai and Sanjay Karol, responded negatively and determined that imposing such a penalty would be a flagrant violation of the Contempt of Courts Act of 1971’s legislative wording.

The National Medical Commission Act, 2019, according to the Court, governs the granting, regulating, and suspension of a medical licence. A government organisation called the National Medical Commission keeps track of India’s medical practitioners and upholds strict moral principles for all facets of healthcare. A registered practitioner’s licence may be revoked for professional misconduct within the terms of the Act itself, following an investigation and according to the rules of audi alterum partem, and the process is comprehensive and full. While the Contempt of Courts Act, 1971, on the other hand, expressly specifies the penalty under Section 12(1) as either a fine of no more than Rs. 2,000 or a term of simple imprisonment of no more than six months. As a result, the suspension of a contemnor’s ability to practise medicine is wholly inconsistent with the Contempt of Courts Act and hence unjustifiable.

The Calcutta High Court decision upholding the suspension of a defendant’s medical licence was thereby overturned by the court.

CASE NAME – Gostho Behari Das V. Dipak Kumar Sanyal & Ors, Civil Appeal No.4725/23