The Supreme Court has issued notice in a Special Leave Petition in a case of death due to medical negligence and has sought the response from the Investigating Officer as to why the investigation has not been completed and the charge-sheet not been filed for nearly five years.
A division bench of Justice D.Y. Chandrachud, Justice Indu Malhotra and Justice Indira Banerjee while hearing the plea through video conferencing allowed interim bail stating that “the petitioner was taken into custody nearly five years after the FIR was lodged, his age, the prevailing pandemic, and the general principles governing the subject area in question.”
The SLP has been filed by Dr Suresh Chand Gupta, challenging the order of the Delhi High Court dismissing bail application on the pretext that the FIR was lodged on July 9, 2015, in connection with a death of a patient who was operated upon by Dr Gupta, the charge-sheet has still not been filed in the case.
Advocate Madhusmita Bora, appearing for Dr Gupta, submitted, “The petitioner was taken into custody on 18 November 2020 and that he is nearly seventy years of age… no purpose would be served in keeping him in judicial custody.”
Bora further referring to the case of Jacob Mathew vs. State of Punjab submitted that the arrest of a qualified medical doctor – a surgeon in the present case, should not be a matter of ordinary course. Moreover, Bora added that during the previous two months, the petitioner has not been called for an investigation.
The counsel appearing for the state submitted before the Delhi High Court, “The petitioner, knowing fully well that he was not a qualified Obstetrician and Gynaecologist, still performed the surgery when there was no urgency as the pregnancy was only 19-20 weeks old, which led to the death of the patient.”
Whereas, the High Court didn’t find any ground to admit the petitioner on bail and dismissed the same, stating that “Court is of the prima facie view that there is a reasonable ground to believe that the petitioner has committed the offence.”
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The Supreme Court has listed the matter for further hearing on January 18.