Mumbai court rejects bail plea of 'gynaecologist' in newborn death case

As per the complaint filed by Sana Shaikh, the aggrieved mother, at the Shivaji Nagar police station, the woman had registered for treatment during pregnancy and for delivery at the hospital in May 2021.

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According to a recent media reports, the accused, identified as Qayamuddin Khan, used to give her treatments. After experiencing labour pain before the due date, she went to the hospital. She alleged that no doctor was present during the labour period of 2.5 hour, and her delivery was conducted by the nurses present there.

She further alleged that after giving birth, she saw her newborn baby falling after slipping away from the hands of the nurse. The nurse immediately told the mother to take the baby to another hospital as the newborn's condition became critical.

The baby was taken to a different hospital due to the non-availability of ventilator, after which the baby was taken to another hospital, where the infant was declared dead. The man issued a death certificate on the letterhead of another hospital that he used to run, which had the signature of another doctor citing that the baby was 'stillborn.'

During investigation, the police found that the man working as gynaecologist was not registered with Maharashtra Medical Council (MMC) and his hospital had been functioning without permission from the Brihanmumbai Municipal Corporation (BMC).

In his bail application, he said that he had nothing to do with the hospital, where she gave birth. He denied giving any treatment to the complainant, adding that she herself walked into the hospital on the day of the delivery. He added that he has applied for registration already.

Additional Sessions Judge Sanjashree Gharat passed an order, stating that the doctor did not have the permission of the BMC to run the hospital. Further, his involvement in the functioning of other hospitals was also brought on record, adding that the acts performed by him are serious, reports The Free Press Journal.

The court held the doctor responsible for the negligent act of the nurse, since he was the one running the hospital without any registration. Commenting on the conduct of the nurse, the court said that the baby was called 'stillborn', even though the nurse was fully aware that the baby was alive after birth. The applicant had made a fake document to substantiate their fake claim, the court noted.

Rejecting the bail application of the accused, the court observed that acts of all accused did not fall within medical negligence as contemplated under Section 304A (causing death by negligence) of IPC. While this attracts a maximum sentence of two years' imprisonment, the more stringent charge under culpable homicide is punishable with up to 10 years jail, reports Times of India.

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