Medical Negligence: SC to decide whether State Human Rights Commission can consider Complaint dismissed by NHRC
New Delhi: The Supreme Court has agreed to consider a plea that posed the legal question if the State Human Rights Commission (SHRC) has the power to examine a criminal medical negligence case when the National Human Rights Commission (NHRC) has taken a contrary view regarding the matter.
Allowing the plea, the top court bench of Justices Hrishikesh Roy and Sanjay Karol has posted the matter for further hearing after four weeks and in the meantime, all the parties have been directed to complete their pleadings.
The matter concerned a doctor who runs the Maternal Health and Research Centre in Hyderabad. When the State Human Rights Commission of Andhra Pradesh took cognizance of a complaint of medical negligence and passed some directions in this regard, the doctor filed a plea before the Telangana High Court challenging the action of the SHRC.
It was claimed by the doctor that the SHRC had taken cognisance of an 'undated complaint' made with frivolous allegations and without any documentary evidence.
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As per the latest media report by Live Law, doctor had argued that of the SHRC proceeded with the complaint it would be illegal, arbitrary, malafide, without jurisdiction and it would also violate the Regulation 11 of the Andhra Pradesh State Human Rights Commission (Procedure) Regulations, 2013. Therefore, filing the plea, the doctor urged the High Court to set aside the proceedings.
However, while considering the plea, the HC bench noted that the State Commission in its order dated 12.01.2016, had issued directions to the Director of Medical Education, Telangana, State, Hyderabad, and the Commission of Police, Hyderbad for examining if the medical facility run by the concerned doctor was a registered one.
Further, the Commission had also directed the authorities for finding out what kind of treatment was being provided to the deceased and also about the drugs administered to the patients.
Therefore, the HC bench had observed that the State Commission, in essence, had not passed any adverse order against the doctor. Disposing of the plea, the HC bench had granted liberty to the doctor for approaching the State Commission to provide relevant material and to approach the Director of Medical Education and the Commissioner of police for making all the documents and material available.
However, while the plea was pending before the HC bench, the National Human Rights Commission (NHRC) passed an order in this regard on 29.03.2016 and dismissed the case at the threshold.
The order of the NHRC stated, “Direction issued by the Commission: This case pertain to allegation of medical negligence by a private nursing home. Since to public servant is involved in this case the matter is dismissed in limine. The file be sent to SB-II after issuing the letter.
Action taken: Dismissed in limine (dated 3/29/2016)
Status on 5.17.2016: Dismissed.”
Therefore, challenging the order of the HC bench, the doctor approached the Apex Court and posed the legal question- "whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view in favour of the petitioner was taken by the National Human Rights Commission."
The matter has been listed for further hearing after four weeks.
To read the order, click on the link below:
https://medicaldialogues.in/pdf_upload/supreme-court-nhrc-203173.pdf
