Delhi Neonatal Hospital Fire: Court rejects bail plea of accused, questions why Ayurvedic doctor working in NICU

New Delhi: Considering the potential for the accused to evade legal proceedings and the gravity of the allegations, a Delhi court here on Monday dismissed the bail plea of an on-duty Ayurveda Doctor who was arrested in connection with the New Born Baby Care hospital fire case where seven newborns were killed and five injured on May 25.

While dismissing the bail plea, the court observed that the chances of the accused fleeing the process of law cannot be ruled out. It said no logical reason was given why despite being an ayurvedic doctor, the accused was working in the most critical ward of the facility.

The court also denounced as "highly insensitive" the statement of the doctor that the infants were not victims of the blaze as they died due to suffocation and not burns.

Also read- Delhi Neonatal Hospital Fire: Court Sends Two Doctors To 14-Day Judicial Custody

As per a PTI news report, Chief Metropolitan Magistrate Vidhi Gupta Anand was hearing the bail plea of Dr Akash, who was on duty when the fire broke out at the hospital. He and the owner of the hospital, Dr Naveen Khichi, were sent to judicial custody for 14 days on May 30.

Rejecting the argument that Dr Akash was working at the hospital as a trainee, the court said the investigation has revealed that he provided treatment and gave prescriptions to the infants.

"Despite knowing that he was entitled to practise only in Haryana as a Bachelor of Ayurvedic Medicine and Surgery (BAMS) doctor as per the certificate of the Medical Council of Haryana, accused Dr Akash willingly started working in the most sensitive zone of the hospital, i.e, Neo-natal Intensive Care Unit (NICU)," the court said.

"No logical reason has been given as to why despite being a BAMS doctor, Dr Akash was keen to learn practices of allopathic medicine and that too by working in the critical ward of the hospital," it added.

The court trashed the argument of the doctor's counsel that he should be lauded for his efforts to save children.

"The police investigation reveals that he had run away from the hospital when the fire began and rather than calling the police or the fire services, he called the owner of the hospital and in the entire process, almost half an hour was wasted which could have saved the lives of newborn babies," it said.

The court said the statement of the accused's lawyer that the infants were not victims of the fire as they died due to suffocation and not burn injuries was "highly insensitive" and did not have any merit.

"It is without any doubt that the alleged offences are serious in nature and the investigation is at initial stages, and there are several aspects of the investigation, such as the supervisory role of the accused, collection of the prescriptions signed by him, his role in delaying the call to the police/fire services etc., which are yet to be investigated upon in detail," it added.

The court said the possibility of the doctor fleeing the process of law and influencing witnesses cannot be ruled out.

According to ANI, Advocate Naveen Kumar Singh, counsel for Dr Akash argued that he (Akash) is neither an employee nor in a supervisory capacity. There is no appointment letter. He is a Bachelor of Ayurvedic Medicine and Surgery (BAMS). In January 2024, the counsel added that he joined the hospital as a trainee.

"Our argument was that there was an allegation against me that I (Akash) was working as a doctor in this hospital and was in the supervisory capacity... But my point was that I am neither an employee of the hospital nor did I work in any supervisory capacity... I joined in January 2024 as a trainee," said Advocate Naveen Kumar Singh.

It was also submitted that Akash was assisting the nursing staff. Dr Naveen Khichi does the treatment. The accused never treated any patients or gave any prescriptions.

It is an old hospital. He is 26 years old; can he be given a supervisory capacity? defence counsel asked. He (Akash) was just following the instructions of the doctor and the nursing staff.

He is 26 years old. How can he be in a supervisory role? It is the start of his career, he enrolled in 2023, the defence counsel added.

It has also been submitted that it is an accident. This fire started on the second floor by a short circuit. Death happened due to suffocation, not burns. In this way, how can he be responsible for all this?

The defence counsel also submitted that there is a lack of procedure. His career will be spoiled if he is kept in jail, accused is from a poor family; he is not influential, the counsel said.

He further stated that the fire started on the second floor with the cylinder used for patient treatment. Before the arrival of police and fire staff, they rescued seven babies. There is a discrepancy between the dates of arrest May 26 and 27.

The prosecution opposed his bail application. The additional public prosecutor (APP) argued that the allegations were serious. The offence is punishable with life imprisonment. It is triable by court of session.

It said according to judicial precedents, the accused has to approach a higher court of a sessions judge for bail.

"The application for bail of the accused is accordingly dismissed," the court said.

Medical Dialogues team had earlier reported that on May 25 seven newborns died and five got injured after a baby care centre in Delhi's Vivek Vihar caught fire. The hospital authorities did not possess a No-Objection Certificate (NOC) from the Fire Department. It was operating despite the expiry of its license and it also did not have any qualified doctors.

A case was registered at the Vivek Vihar police station under Indian Penal Code (IPC) sections 336 (act endangering life and personal safety of others), 304A (causing death by negligence), 304 (culpable homicide not amounting to murder) and 308 (attempt to commit culpable homicide).

The two doctors were arrested on May 26 and remanded in three-day police custody the next day.

Also read- 7 Newborns Dead, 5 Injured: What Went Wrong In Delhi's Neonatal Hospital That Caught Fire?