PG medico suicide case: HC quashes single judge order allowing accused doctor to rejoin MS Orthopaedics course
Kerala HC Observations on Granting Protection to Nurses in Medical Negligence Cases
Ernakulam: The Kerala-based doctor booked for abetting the suicide of his former fiance by backing out of their marriage and allegedly demanding an exorbitant dowry will not be able to join his MS Orthopaedics course at the GMC Thiruvananthapuram immediately as a Division bench of the Kerala High Court has now set aside the interim relief granted to him by the single bench.
While considering the appeal by the Principal of GMC Thiruvananthapuram and State Health Department authorities, the Division bench of the HC comprising Chief Justice A.J Desai and Justice V.G Arun mentioned in its order dated March 20, 2024, "The interim order impugned in this writ appeal is quashed and set aside only on the ground of not providing sufficient opportunity for the appellants to place their case before the learned Single Judge."
Further, the Division bench also directed the authorities to complete the disciplinary proceedings initiated against the doctor within a week. It mentioned, "The disciplinary proceedings initiated against the original petitioner shall be completed within a period of one week. On completion of the proceedings, the appellants may file an additional counter affidavit before the learned Single Judge, within a period of four days of the decision. The learned Single Judge is requested to decide the writ petition at the earliest."
Recently, the single judge bench granted interim relief to the accused doctor by allowing him to re-join his postgraduate studies after observing that he was only an accused in the crime and therefore, keeping him away from his studies would result in irreversible damage.
After his former fiance, a PG surgery medico, committed suicide, the doctor had been booked under Section 306 of the Indian Penal Code for Abetment of Suicide and Section 4 of the Dowry Prohibition Act 1961.
Medical Dialogues had earlier reported about the death of the 26-year-old young doctor, who was pursuing her postgraduate medical studies at the surgery department of the Thiruvananthapuram Medical College. The PG medico committed suicide by injecting a heavy dose of anaesthesia into her body.
The relatives of the deceased doctor claimed that the medico possibly committed suicide because her marriage was on hold. It was alleged that the former fiance of the PG medico had demanded a huge dowry for the marriage.
The relatives alleged that the groom's family demanded Rs 50 lakhs, 50 sovereigns of gold and a car as dowry. Despite having financial difficulties since their father passed away a few months ago, the doctor's family accepted the request. However, as per the statements of the relatives, the matter became twisted when the groom's family started demanding more money and an expensive car and later backed out from the marriage after the doctor's family cited their inability to provide the dowry.
Based on their statements, the accused, who is also a postgraduate doctor in the College, was taken into custody from Karunagappally. He was booked under Section 306 of the Indian Penal Code for Abetment of Suicide and Section 4 of the Dowry Prohibition Act 1961. Earlier the State Health Department had suspended the accused doctor.
Recently, while considering his plea, a Single Judge bench of the Kerala High Court granted him interim relief by allowing him to re-join his postgraduate medical course in MS Orthopaedics at the Government Medical College, Thiruvananthapuram.
The Court observed that even though the charges against him were serious, those charges had not been proven yet. "Taking into account the fact that the petitioner is only an accused in a crime, of course, the charges are serious, and that he had obtained admission on merit for the Post Graduate course, keeping him away from studies pending the enquiry or trial would place him in such a situation where the damage would become irreversible in case, the charges are not proved," the Court mentioned in the order.
However, the Interim order dated 13.03.2024 was challenged by the principal of the medical college and the Government authorities, who filed an appeal under Section 5 of the Kerala High Court Act, 1958.
The counsel for the State, appearing for the appellants, submitted that if sufficient time had been granted to the State authorities to file a counter affidavit with relevant documents and permitted to argue the matter, the grievance raised in this appeal might not have arisen.
Further, it was also brought to the notice of the Court that an Enquiry Committee had been constituted and the Committee had completed its inquiry.
Taking note of these submissions, the Division bench of the HC directed the authorities to complete the disciplinary proceedings initiated against the doctor within one week.
"On completion of the proceedings, the appellants may file an additional counter affidavit before the learned Single Judge, within a period of four days of the decision. The learned Single Judge is requested to decide the writ petition at the earliest," the bench observed.
The HC Division bench also set aside the interim order dated 13.03.2024 only on the ground of not providing sufficient opportunity for the appellants to place their case before the learned Single Judge.
To view the court order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-dowry-234734.pdf
