As per the application, IMA will keep on pressing for mandatory guidelines regarding arrests of medical professionals while treating the Covid-19 patients and also regarding the disciplinary action against them before the court in the next session.
IMA has withdrawn the application regarding the disposal of the case against the doctor but sought information about the budget allotted for Hospital safety including fire management in Government Hospitals. IMA had already informed the authorities about improper Covid-19 management in Maharashtra.
Previously Medical Dialogues reported that Indian Medical Association (IMA) filed an interim application in the Bombay High Court seeking quashing of the case against a woman doctor who was arrested under Indian Penal Code (IPC) Section 304 (culpable homicide not amounting to murder) and 304A (causing death by negligence) in connection with the Ahmednagar Hospital fire case. The doctor was arrested along with three other nurses following the death of 11 Covid-19 patients in a fire at Ahmednagar district hospital.
However, in the PIL, IMA highlighted the reasons for increased incidences of fire in COVID-19 wards i.e. cocktail of oxygen and alcohol vapour, curtains and electrical short circuits. IMA pointed out that Shinde was being made a scapegoat for the alleged dereliction of duty by hospital authorities and should be protected.
In the interim application, IMA requested appropriate disciplinary action may be taken against those who are responsible for not fitting the necessary gadgets well in time for prevention of fire (clause a) and also wanted that the case against the Shinde might kindly be quashed and set aside (clause c). Dr. Rajeev Digambar Joshi told Medical Dialogues, " High Court considered a previous case where they referred the case back to the bench where it was filed. Hence, the case is referred back to the Aurangabad bench and we have decided to withdraw the petition. But we will continue with the other points which we filed in the public interest."
Dr. Rajeev confirmed that IMA is going to press for clause B D and E of the plea where they requested that the State Government may be directed to place on record the budgetary allocation made for the safety of government hospitals all over the State of Maharashtra, formation of mandatory guidelines regarding arrests of medical professionals while treating the Covid-19 patients and also regarding the disciplinary action against them and direction to grant immunity against criminal action and disciplinary action or any other action to medical professionals while treating Covid-19 patients.
In a recent hearing, Chief Justice of Bombay High Court, M S Karnik, passed an order stating, " Accepting the request of Deshpande, we record that prayer clauses (a) and (c) of the interim application shall not be pressed in course of these proceedings; however, we also record that relief sought for by the applicant vide prayer clauses (b), (d) and (e) shall be duly considered."
The case has been listed for further hearing on January 17, 2022.
" We want the details regarding all the measures taken by the government regarding the safety of patients and hospital staff. We don't want that another such fire incident occurs and the whole responsibility to be pinned on a doctor. If another doctor is made responsible for such incident IMA should have enough data to prove the guilt or innocence of the doctor regarding the concerned incident", added Dr Rajeev.
To view the official PIL, click on the link below:
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