Kerala High Court Permits Doctor Accused Of Abetting Girlfriend's Suicide By Asking For Exorbitant Dowry To Re-Join Post Graduate Studies

Ruwais was charged with the offences under Section 306 IPC ('Abetment of Suicide') and Section 4 of the Dowry Prohibition Act ('Penalty for demanding dowry'). When the incident came to light, the Indian Medical Association (IMA) suspended Ruwais' medical license. He is currently released on bail.

Ruwais approached the High Court with a writ petition to revoke his suspension order and seeking permission to continue his post-graduate studies -MS Orthopaedics.

Allowing the petition, Justice Mohammed Nias C.P. observed,

“Taking into account the merit of the petitioner and the fact that irreversible loss will be caused if he is not allowed to continue his studies, by way of an interim order, I direct the respondents to permit the petitioner to re-join for the course forthwith by staying the operation of Ext.P1 (suspension order) and all the further proceedings…. The respondents will take such measures to avert any untoward incident in the college on account of the petitioner rejoining the course.”

The Court stated that Ruwais was accused of a crime with serious charges but denying the opportunity to continue his post-graduate studies during the pending enquiry or trial would cause irreversible damage, in case, charges were not proved against him. "Even convicts have certain fundamental rights despite being found guilty...there is a presumption of innocence as far as an accused is concerned," Court observed.

The plea has been moved by Senior Advocate C C Thomas, Advocates M G Karthikeyan, Nireesh Mathew

Citation: 2024 LiveLaw (Ker) 179

Case title: Dr.Ruwise E.A V The Principal Govt. Medical College

Case number: WP(C) NO. 5220 OF 2024

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