Monday, 1 July 2013

The Anuradha Saha case taken a turn


The Kolkata High Court has ordered 17 Kolkata doctors including Former West Bengal Medical Council members to stand trial for criminal conspiracy in 1988 Anuradha Saha Medical Negligence Case. Former President Dr. Ashok Chowdhury, West Bengal Medical Council will also be facing the trial. One of the three Kolkata doctors accused of medical negligence is Dr. Sukumar Mukherjee who is Chief Advisor of Health for Mamba Banerjee Government. As per the allegation, the council members conspired to shield the crime, as reported in IBN live.
Comments:
Every council is quasi-judicial body and should give a judgment which is not only true but also looks to be true. Once you are sitting on the post of a judge as a council member, your  job is to give an honest judgment.
I am not taking sides as the matter is still sub-judice but this case is an eye opener for all the council members in the country that they are a public servant who can be booked under Prevention of Corruption Act and also under IPC.
Under Delhi Medical Council Act, all the enquiries under this section are judicial proceedings within the meanings of section 193, 219 and 228 of Indian Penal Code.
Section 219 of the Indian Penal Code 1860 talks about Public servant in judicial proceeding corruptly making report, etc., contrary to law: Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
The current legal case who will win only the time will tell but at least the council members will be in mental agony till the case is decided. 


1 comment:

  1. Doctors trying to protect their own---this is just unfair to those patients who have suffered greatly due to negligence. I hope the victims will get the compensation they deserve and that the doctors involved in the case receive the punishment that is due upon them. If it's possible to strip them of their licenses upon being proven guilty, then it should be done. Back here in the United States, I have a friend who turned to an Arizona medical malpractice attorney for help regarding a negligence case. I was pleased with how he handled the case and was happy that I was able to get the justice that my good friend deserved.

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