Date: 29 July, 2023

The Supreme Court of India declared that a medical practitioner's license cannot be suspended as a penalty in contempt proceedings. The division bench, comprising Justice B R Gavai and Justice Sanjay Karol, emphasized that contempt of court and professional misconduct are distinct offenses, each falling under different legal jurisdictions.

The case, titled "Gostho Behari Das v. Dipak Kumar Sanyal & Ors," was brought before the Apex Court on appeal against the judgment of a division bench of the Calcutta High Court. The appellant's medical license had been suspended as a penalty in contempt proceedings initiated against him for unauthorized construction of a structure that deviated from approved plans.

Addressing the central question of whether the suspension of a medical practitioner's license is in line with the Contempt of Courts Act, 1971, the Supreme Court pointed out that the Act only provides for fines and simple imprisonment as punishment for contempt. The Court emphasized that contempt powers must be used judiciously and sparingly to uphold the integrity of the judicial system, without being swayed by emotions.

Highlighting the importance of the National Medical Commission Act, 2019, the Court noted that this Act governs the issuance, regulation, and suspension of medical practice licenses in India. The National Medical Commission, a statutory body, has the exclusive authority to take disciplinary action against registered medical practitioners for professional misconduct. The Act outlines a comprehensive mechanism for revoking a license, which involves conducting an inquiry and providing a fair hearing for the practitioner before making a decision.

The Supreme Court concluded that the punishment of license suspension awarded in this case was entirely foreign to the Contempt of Courts Act, 1971, and hence unsustainable. As a result, the Court set aside the division bench's order and the various orders of the single bench, thereby allowing the appeal and restoring the appellant's license to practice medicine.

This landmark ruling sets a precedent clarifying the appropriate penalties for contempt of court and reinforces the need for a balanced and lawful approach in dealing with contemptuous conduct.

Case Title: Gostho Behari Das V. Dipak Kumar Sanyal & Ors, Civil Appeal No.4725 Of 2023

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