Advocate rubbishes allegations & misleading media reports damaging the reputation of IBAM & Officers

Medical Council of India / West Bengal Medical Council Letter addressed to Indian Board of Alternative Medicines that the teaching and practice of alternative systems of medicine do not fall under their purview and jurisdiction

Kolkata: Advocate Sankar Naskar rubbishes misleading and factually incorrect reports published in a section of media without any empirical evidence, and thereby damaging the reputation of Indian Board of Alternative Medicines, and its Officials, Dr. Suresh Kumar Agarwal and Chandan Agarwal.

The Legal Opinion along with annexures of Court Orders and Government Notifications can be viewed here.

Indian Board of Alternative Medicines was a legally constituted Institution duly incorporated under Act XXVI of 1961 of the Government of West Bengal based on the Central Government Act XXI of 1860 and the Literary and Scientific Institutions Act of 1854.

Courses in alternative systems of medicine do not fall under the purview or jurisdiction of Medical Council of India / West Bengal Medical Council, the regulatory body for Modern (Allopathic) Medicines, as per their Letter No. MCI-34(1)/96-Med/10984. Therefore, Indian Board of Alternative Medicines did not require any approval or recognition from Medical Council of India / West Bengal Medical Council to conduct courses in alternative medicines.

Further, the teaching and practice of Alternative Medicines in India can be carried out as per the Ministry of Health and Family Welfare, Government of India Order No. V 25011/276/2009-HR dated 5th May, 2010; Supreme Court of India in the matter of SLP 23572/2009, and Calcutta High Court in the matter of 546 of 1988.

Despite the fact that Indian Board of Alternative Medicines did not require any approval or affiliation of West Bengal Medical Council, as it was conducting courses in alternative systems of medicine only, and not Modern (Allopathic) Medicines, the Government Council had filed a complaint dated 25th May, 2017 alleging that several institutions in West Bengal, including the Indian Board of Alternative Medicines and its courses and certificates awarded, are fake as they are not listed in the Council Register.

Subsequently, a section of media without any empirical evidence published certain misleading information stating that Indian Board of Alternative Medicines was a fake Institution, used forged seals, issued several lakh fake certificates, that Officials namely, Dr. Suresh Kumar Agarwal and Chandan Agarwal, were running from law, etc., which were factually incorrect and devoid of substance.

Indian Board of Alternative Medicines was a legally constituted Institution, conducting courses in alternative systems of medicine and awarding its own certificates in the same. It did not require approval of the West Bengal Medical Council in the first place. Subsequent to filing of the Complaint, the Officials of IBAM had approached the Calcutta High Court for Quashing of the FIR proceedings vide Matter No. 1971/2017.

To expedite the hearing of the matter and get a speedy judgment, Dr. Agarwal and Chandan Agarwal approached the Hon'ble Supreme Court in New Delhi, which was pleased to pass an Order on 28th August 2017 vide Diary Number 24565/2017, directing the Calcutta High Court to expeditiously hear the matter. However within a week, they were detained on 6th September, 2017 in New Delhi, before the Calcutta High Court could even complete its hearings and pass a judgment on the Quashing matter filed by the Indian Board of Alternative Medicines.

Therefore, the question of Indian Board of Alternative Medicines being fake, or its Officials running from Law, while they were actually in the middle of following legal procedures, does not arise.

Further, none of the allegations in the Complaint are applicable on Indian Board of Alternative Medicines or its Officials.

In lieu of the above facts, Advocate Sankar Naskar rubbished and junked the misleading and factually incorrect reports published in a section of media without paying attention to the facts and circumstances of the case and without any empirical evidence, thereby damaging the reputation of Indian Board of Alternative Medicines, and its Officials, Dr. Suresh Kumar Agarwal and Chandan Agarwal.

The Legal Opinion along with annexures of Court Orders and Government Notifications can be viewed here.

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