Payal Tadvi Suicide Case: Former HOD Gynaecologist challenges Trial Court order
Mumbai: Dr Ching Ling Yi, the former head of Obstetrics and Gynaecology at Topiwala National Medical College and BYL Nair Charitable Hospital, has approached the Bombay High Court, contesting her recent inclusion as an accused in the Payal Tadvi suicide case. Meanwhile, Payal Tadvi’s mother, Abeda Tadvi, has filed a plea in the Sessions Court, urging authorities to take Dr Ling into custody.
In a petition submitted to the high court on Tuesday, Dr Ling argued that her addition as an accused by the trial court lacked legal grounds, as no formal evidence had been recorded against her. According to the Daily, her legal counsel, advocate Ashish Chavan, cited Section 319 of the Criminal Procedure Code (CrPC), which stipulates that an individual can only be proceeded against if evidence has been recorded during an inquiry or trial.
The petition also references previous rulings by the Supreme Court and various high courts, stating that a trial court cannot base its decision solely on material found in the chargesheet, such as witness statements or documents, if they do not qualify as evidence under Section 319 of the CrPC, reports Hindustan Times. At the same time, Payal Tadvi’s mother has urged the Sessions Court to ensure Dr Ling’s custody under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Her plea highlighted that the court had already found prima facie material to justify Dr Ling’s inclusion as an accused.
Medical Dialogues had earlier reported that the former head of the Gynaecology and Obstetrics Department at Topiwala National Medical College and BYL Nair Charitable Hospital, the prime suspect in the 2019 postgraduate medico Dr Payal's suicide case, was set to be added as an accused in the case. A sessions court has approved the prosecution's plea.
The allegations against Dr Ching Ling Chiang, the former HoD, are grave, as she allegedly refused to assist the deceased medico and repeatedly ignored her complaints of ragging and harassment by three senior postgraduate students. Instead of reporting the abuse to the college management, Dr Chiang dismissed Tadvi’s concerns and advised her to endure the mistreatment. Her failure to take action is believed to have enabled the harassment that ultimately led to Tadvi’s suicide in May 2019.
Along with contesting her recent inclusion as an accused, Dr Ling has also requested an exemption from appearing before the special court, citing health concerns. However, upon adding her as an accused, the court had issued a summons mandating her presence on March 25, reports the Daily.
