HC Denies Relief to Kerala Doctor Booked for Sharing Images, Videos Of Woman Undergoing Surgery To Deliver Triplets
Kerala HC Observations on Granting Protection to Nurses in Medical Negligence Cases
Ernakulam: The Kerala High Court recently refused to quash the proceedings against a doctor and a hospital staff member, booked for allegedly capturing and sharing videos and images of a woman undergoing a caesarean section operation while giving birth to triplets via WhatsApp.
Noting that WhatsApp videographs and photographs of the caesarean procedure sent by the accused were collected during the investigation to justify the involvement of the accused, the bench opined the proceedings could not be quashed and it should go to trial.
"...the WhatsApp videographs and photographs of the cesarean procedure sent by the accused were collected during investigation to justify the involvement of the petitioners in this crime, prima facie. Thus the matter shall go for trial, and, therefore, the quashment sought for cannot be considered. In such a case, involving very serious offences, quashment of the proceedings could not be resorted to. Hence this petition fails and is accordingly dismissed," noted the bench.
The petitioners- an Anaesthesiologist and hospital staff at the Government Taluk Hospital, Payyannur in Kannur district were booked for videographing and taking photos of the Complainant, who was undergoing caesarean section operation to give birth to triplets. For this, they were booked under Sections 354(C) of the Indian Penal Code (`IPC' for short) and Sections 66(E) and 67 of the Information Technology Act (`I.T Act' for short).
As part of the investigation, those items were recovered by the police from the mobile phones as well as from the Tab of the 1st and 2nd accused respectively.
The counsel for the petitioners argued that the identity of the victim could not be known from the so-called materials collected from the mobile phone and the Tab.
On the other hand, the Public Prosecutor opposed the plea for quashing the proceedings and argued that when the complainant underwent the cesarean procedure, the accused had videographed and photographed the same and thereafter they had shared the videographs and photographs through WhatsApp. This way they outraged the complainant's modesty and committed offences punishable under Section 66(E) of the IT Act. Therefore, the proceedings cannot be quashed since the prosecution materials are in plenty, prima facie, warranting trial of the case.
While considering the plea, the Court noted that the WhatsApp videographs and photographs of the C-section procedure sent by the accused were collected during the investigation to justify the involvement of the petitioners in this crime.
Denying relief to the doctor and hospital staff, the HC bench noted, "Thus the matter shall go for trial, and, therefore, the quashment sought for cannot be considered. In such a case, involving very serious offences, quashment of the proceedings could not be resorted to. Hence this petition fails and is accordingly dismissed."
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-order-246406.pdf
