Doctors do not get fair trial, opportunity to defend themselves, laments Kerala HC
Kerala High Court
Ernakulam: The Kerala High Court recently expressed concern over the absence of any guidelines for expert committees that consider medical negligence cases.
After taking note of the submission of Learned ADGP in this regard, the HC bench comprising Justice V.G. Arun opined that due to the absence of such guidelines, the doctors do not get a fair trial and an opportunity to defend themselves.
The Court appointed an Amicus Curiae to assist the Court and asked the counsel for the petitioners, as well as the ADGP, to make their suggestions as to how the guidelines are to be formulated.
Accordingly, the bench posted the matter for further hearing on July 14, 2025.
These observations were made by the Court while considering a plea filed by a doctor who was facing prosecution for an offence under Section 304A of the IPC based on the allegation that the patients under the treatment of the accused doctor had died due to their negligence.
Filing the plea before the High Court, the doctor had sought a stay on the criminal proceedings against him until the disposal of the plea in the High Court. While considering the matter, the HC bench on April 9 had ordered, "there shall be an interim stay of further proceedings in C.C No.52 of 2025 on the files of the Judicial First Class Magistrate Court, Kunnamkulam, for three months."
The counsel for the doctor argued that the petitioner was neither heard by the Expert Committee, nor was a copy of the report of the Committee made available to them.
Meanwhile, the Additional Director General of Police (ADGP) informed the Court that there were no guidelines in place concerning the manner in which the Expert Committee was to function, since the Committee was constituted based on the directions of the Supreme Court in the case of Jacob Mathew Vs. State of Punjab.
Taking note of this, the HC bench opined,
"In the considered opinion of this Court, absence of such guidelines will adversely affect the right to fair trial of the accused like the petitioners herein, since it is fundamental for the Committee to consider the explanation of the Doctor before submitting the report and serve a copy of the report on the Doctor concerned, thereby providing an opportunity of filing appeal against the Expert Committee report."
Noting that the matter required detailed deliberation, the Court asked the parties to make their suggestions and ordered, "As the matter requires a detailed deliberation, Adv. Akash S is appointed as Amicus Curiae to assist the Court and the learned counsel for the petitioners, as well as the learned ADGP, are requested to make their suggestions as to the manner in which the guidelines are to be formulated."
Posting the matter for further hearing on July 14, the HC bench extended the stay granted on the proceedings against the doctor. "There shall be an interim stay of further proceedings in C.C.No.2316 of 2017 on the files of the Judicial Magistrate of First Class, Adoor, till the next posting date," it ordered.
To view the order, click on the link below:
https://medicaldialogues.in/pdf_upload/kerala-hc-expert-committee-guidelines-291213.pdf
