Cochin: Dr Cyriac Abby Philips aka 'The Liver Doc', a renowned hepatologist from Kerala, has replied to a notice seeking his appearance before a police officer in Uttar Pradesh, explaining why it will not be binding on him to make a personal appearance.
The doctor was recently issued a summons by the Uttar Pradesh Police Crime Branch over his social media posts criticising AYUSH and Homeopathy practices. Releasing his letter on X handle, the doctor said his legal advisors have prepared a response to the Crime Branch Police Officer from Uttar Pradesh who registered an FIR against him at a police station in Rae Bareli for "defaming Homeopathy and alternative systems of medicine in India."
"I sent the good officer my response yesterday. It was a learning experience on laws in India for me. And him," he wrote. In his response, the doctor said that he was out of station for a family meet and other official matters, while his return has been scheduled.
Doctor's Poser To Police
In his reply, Dr Philips wondered how a notice under section 160 of CrPC "can be served to a person living outside the limits of the police stations adjoining your police station, that too to someone residing in a far away state."
The doctor, citing the section, said "the police officer is only authorised to require attendance of a person residing within the limits of his police station and adjoining police stations,", while adding more citations and connected High Court rulings.
Citing the distance between his residence and the police station, which is 2000 km away, the doctor urged the Inspector to let him provide the necessary facts and evidence via email and to record the statement through video conferencing.
Why Section 66 Of The IT Act 2000 Invoked?
The doctor, in his reply, said the notice issued maintained that the alleged offence committed is being probed under section 66 of the IT Act 2000. The reply further explained the Section 66 as follows: "Computer related offences.- If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five lakh rupees or with both."
"Section 43 of the Act referred in the above extracted provision deals with penalty and compensation to computer, computer systems etc," it said. He said there was "no relevance to a post made in a social media account," adding that the section 66A of IT Act had been struck down by a Supreme Court order in 2015.
Doctor's Request
The doctor sought a copy of the complaint, the details of the alleged offences committed by him and the "realistic" provisions under which the case is registered. "I would request you, if deemed necessary, to record my statement through video conferencing and grant me the opportunity to submit necessary evidence by email or registered post," it read.
What Notice Said
The notice slapped on the doctor said that an FIR under Section 66 of the IT ACT had been registered following a complaint from Rajeev Singh in Kotwali Nagar Police Station in Rae Bareli district on September 20, 2023. It said the investigation has been done by Inspector Indrapal Singh Senger and the doctor has been accused of trying to defame AYUSH and homeopathy system of treatment by tweeting on social media platforms like X through his social media handles.
It said the doctor should appear within 3 days from the date of receipt of notice and provide any evidence in defense against the allegations levelled against him. The notice also warned that failure would mean that he had nothing to say regarding the allegations made against him and the police would pursue with legal action.
