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Since first publication of the news of PBT’s new writ petition (PIL) filed in Supreme Court with serious allegation of rigged MCI election on 10th December, 2013 seeking CBI investigation, in an interview given yesterday to The Telegraph, MCI Vice-president, Dr. C.V. Bhirmananandam, has virtually admitted that at a dinner party on 9th December, 2013 hosted by disgraced ex-MCI president, Dr. Ketan Desai, at IMA House in Delhi, a printed list containing names of candidates who would be president, vice-president and Executive/Post-graduate Committee members in MCI election next day, i.e. 10th December, 2013.  And everybody in that list actually won MCI election next day “unopposed”.  This deplorable incidence is one of the major points that has been raised by PBT in their writ petition (The Telegraph report is shown below).

While the new MCI vice-president did not deny the issue of printed “list” circulated at Dr. Desai’s dinner party prior to the MCI election on 10th December, 2013, he found nothing wrong with this since everybody got elected “unopposed”.   Other direct and indirect evidence of corruption were also provided in the PIL including deliberate and absolute silence of MCI to take action on serious complaints against several top MCI members.  Ironically, a complaint was also lodged against Dr. Bhirmananandam seeking his removal from MCI because of his past tainted background as he was found by Tamil Nadu government issuing a false medical certificate to a high-power political leader who was in jail on charges of corruption to help him stay in the comfort of a hospital.  While PBT lodged this complaint with the health ministry and MCI against Dr. Bhirmananandam more than six months ago, nobody has shown any interest to investigate this serious allegation.

Telegraph (Sept. 14, 2014)

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PBT has filed a writ petition (PIL) in Supreme Court seeking CBI investigation of the election held on 10th December, 2013 that elected the present MCI president/vice-president and members of important Executive/Post-graduate Committees.  PBT has also sought immediate removal of the MCI president/vice-president and members of Executive/Post-graduate Committees to be replaced by a neutral Committee/Board for transparent and efficient MCI function.

The PIL has provided strong supporting evidence showing that all members who are now holding top posts of MCI including president, vice-president and members of the Executive/Post-graduate Committees were elected “unopposed” through a rigged election held on 10th December, 2010 under the influence of disgraced ex-MCI president, Dr. Ketan Desai, who is still facing criminal trial after CBI caught him red-handed for taking bribe from a private medical college while he was still president of MCI in 2010.  The PIL also includes documents showing that a dinner party was hosted by Dr. Desai and his cronies at the IMA House in New Delhi on 9th December, the night before MCI election was held, in which a printed list was circulated containing names who would be elected next MCI president/vice-president and Executive/Post-graduate members.  The list also contained names of the persons who would nominate (“proposers”) and those who would support the nomination (“seconders”).  And on 10th December, 2013, in the election held at MCI office, everybody was elected, proposed and seconded exactly as it appeared in the list circulated Dr. Desai’s dinner party the night before.

The PIL has alleged that Dr. Desai and his medial cronies have made the MCI election a sham exercise as many newly elected and nominated members remained silent under the external pressure and intimidation.   The PIL has further alleged that over the past 9 months since the new MCI came to power through the botched election, both health ministry and MCI have refused to act on numerous serious complaints that have been lodged against many of the members who are close to Dr. Desai and were put in top position inside MCI.  The PIL also alleges that Dr. Desai is still pulling all the strings for MCI from behind the curtain and that corruption is still pervasive in the the newly formed MCI.  However, PIL has put most blames on the last health ministry under UPA government headed by previous health minister, Mr. Gulam Nabi Azad, for rushing the election and not taking any action against Dr. Desai and his cronies.  It is expected that this important PIL will come up for hearing before the Apex Court within the next few weeks.

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Exposing the ugly face of corruption inside Mamata Banerjee’s government which is already reeling under the huge Saradha Chit Fund scam investigation by CBI, Justice Mr. Tapabrata Chakraborty of Calcutta High Court heard a long argument today for alleged manipulation by Banerjee government for selection of candidates for the prestigious Bangabhibushan award, highest accolade given by the state government to an eminent person for his contribution to the society.  This case was filed by PBT president Dr. Kunal Saha after a 5-member committee selected Dr. Sukumar Mukherjee to receive the Bangabhibushan award earlier this year even though Dr. Mukherjee was convicted for “medical negligence” causing death of Dr. Saha’s wife, Anuradha, by Supreme Court of India that also awarded the highest-ever compensation against Dr. Mukherjee (and three other doctors and AMRI Hospital in Kolkata).

Dr. Mukherjee is known to be close to Bengal chief minister, Mamata Banerjee, who also appointed him as the “chief adviser” for the state government in 2011 which has also been challenged by Dr. Saha in a separate case in which the Apex Court has already issued notice against Ms. Banerjee.  Dr. Saha’s attorney, Indranil Roy, argued in the court today that selection of a convicted physician like Dr. Mukherjee was not only done with a vested interest, it is also clear from the affidavit filed by the State that they committed fraud as the meeting to select the awardees were allegedly decided held after the names were already declared.  The HC heard argument by Mr. Roy with intense attention for more than two hours today.  The final argument is this important case will continue on Monday (Sept. 15).

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After Supreme Court intervened in the ongoing coal-scam case, it is revealed yesterday that CBI Director, Ranjit Sinha, met with many notorious accused who have been charged with corruption including disgraced ex-MCI president, Dr. Ketan Desai, who was caught red-handed by CBI in 2010 for taking bribe from a private medical college allegedly in exchange of granting MCI recognition for MBBS course. At present, Dr. Desai is free on bail as his trial is being delayed due to stay on legal grounds.  We wonder what prompted the head of CBI to meet Dr. Desai in private when his own agency is still conducting criminal investigation against Desai for bribery and corruption.  It is common knowledge that Dr. Desai has been the supreme leader of medial mafias who are primarily responsible for ruining medical education and causing deep decay in the standard of medical practice across India.

It may be noted that in 2001, Dr. Desai, then MCI president, was removed by Delhi High Court which dubbed MCI as a “den of corruption” and directed CBI to investigate and prosecute Dr. Desai and his cronies in MCI.  But after a long-drawn botched investigation, CBI gave a clean chit to Dr. Desai which prompted him to return to MCI and elected “unopposed” as the MCI president again in 2009.  But within a year, he was again trapped through a sting operation for taking bribe as the entire MCI was dissolved in 2010.  While Dr. Desai is still roaming free on bail and already managed to put many of his known cronies at top positions in the newly formed MCI, we now know that he is not sitting idle as he repeatedly met with the top boss in CBI seemingly in order to obtain another clean chit from the highest law-enforcing agency in the country.

Ironically, some news media have already claimed that Dr. Desai has been cleared from all corruption charges by CBI in 2012 (see TOI report below).  This information is totally false as in an email dated October 23, 2013 written to PBT president, Dr. Kunal Saha, the main investigating officer (I.O.) of CBI has categorically admitted that corruption case in Delhi and Lucknow against Dr. Desai are still waiting for the trial to begin (see CBI email below).  We hope that the shocking revelation that Dr. Desai met CBI Director in his residence would prompt the new BJP government and Prime Minister to take immediate and decisive action to assure that equitable justice must be sustained for the most corrupt medical leader and worst enemy of healthcare delivery system in India.

TOI (Sept 5, 2014) Desai meets CBI chief

CBI email on Ketan Desai (Oct, 2013)


In reply to specific information sought by PBT from Medical Council of India (MCI) under RTI Act, 2005, public information officer (PIO) of MCI has submitted that no letters/emails or other correspondence between new MCI president, Dr. Jayshreeben Mehta and Central Health Ministry between December, 2013 (when new MCI was established) and April, 2014 could be provided under the RTI Act because most of these letters/emails were replied by the “concerned section” and MCI president “ordinarily” did not write the response (see copy of MCI response below).  Even if MCI does not “ordinarily” write to the health ministry, what stopped them to provide the letters that she might have written under extraordinary circumstances?  We also wonder why MCI also did not provide a single response written by the “concerned section”.  PBT sought information in order to investigate corruption that has marred selection of disgraced ex-MCI president, Dr. Ketan Desai’s close associates to all top positions including president, vice-president and members of important Executive and Post-graduated Committees through a botch election on 10th December, 2013.

The MCI also refused to provide a specific letter that PBT had sought which was written by Pondicherry University in regard to an alleged corruption in the MGM College and Research Institute on the ground that the original files are with CBI as they are also investigating this incidence. Does MCI not even have a xerox machine to keep copies of these important documents before sending the original copies to the CBI?  It is noteworthy that the information sought by PBT was created during the UPA government under then health minister, Mr. Gulam Nabi Azad, who is known to have a cozy relationship with Dr. Desai.  We wonder what Dr. Mehta and other leaders of the new MCI are trying to hide from public.  PBT is appealing these bogus and evasive response from MCI-PIO as permitted under RTI Act, 2005.  We hope that the health minister under the new BJP government would take note of this deplorable action by MCI and take appropriate disciplinary measures against the culprits.

MCI-RTI Response (Sept 3, 2014) CBI-President’s letters


Within days after BMJ, top international medical journal, published a thought-provoking debate-article on the role of large compensation against medical negligence in India, most doctors’ groups and individual doctors in India have erupted in severe criticism of the Apex Court’s judgment in Anuradha Saha death case.  BMJ has published one such sharp reaction from one Dr. Neeraj Nagpal, who is also the Convenor of “Medicos Legal Action Group” and ex-IMA president in Chandigarh, as well as the response (Author’s Reply) from PBT president Dr. Kunal Saha rebutting Dr. Nagpal’s criticism of court’s award against medical negligence.  These responses can be viewed at the BMJ website at WWW.THEBMJ.COM and are also posted below.

BMJ (Rapid Responses) Sept 1, 2014


British Medical Journal (BMJ), a top international medical journal, published a highly provocative “head to head” debate article in the wake of the recent large compensation granted by Supreme Court of India in Anuradha Saha wrongful death case with an interesting question: “Are large compensation payouts for negligence good for medicine in India?” (see the article below).  PBT president, Dr. Kunal Saha, has provided logical arguments as to why under the present pitiful condition of the healthcare delivery system, direct intervention by the court of law through large compensation in medical negligence cases may be the only way to reduce incidence of malpractice and healthcare corruption in India.  On the other side, Dr. Devi Shetty, a cardiac surgeon and treasurer of Association of Healthcare Providers of India (APHI), criticized the large compensation awarded by the Apex Court in Anuradha death case as he has painted a doomsday scenario if a limit or “cap” on the amount of compensation is not set in medical negligence cases for the future.  In fact, Dr. Shetty has suggested that courts of law should not even judge negligence cases against doctors.  Instead, Dr. Shetty has proposed that Ministry of Health should convene a medical “Committee” to decide malpractice cases against doctors.

We would like to inform Dr. Shetty and his medical groups who are defending negligent doctors/hospitals that a similar “Committee” organized by central health ministry already exists in India for decades which is known as Medical Council of India (MCI).  Unfortunately, it is a common knowledge today that MCI is nothing but a “den of corruption” that only works to shield negligent doctors and that is looting crores of rupees through bribery from private medical colleges by sacrificing the standard of medical education in India.  But perhaps most surprisingly, in order to defend negligent medicos, Dr. Shetty has attempted to promote a grossly misleading and/or erroneous notion that a “cap” or limit on compensation also exists in “medical negligence” cases in USA.  As PBT president has explained in his article, there is no “cap” or limit on compensation for direct loss of income (“pecuniary damages”) for death of a patient anywhere in USA.  This was also presented by PBT president before the Hon’ble Supreme Court where he appeared “in person” to argue his wife’s (Anuradha Saha) death case and Apex Court has quoted these large compensations routinely awarded in USA in the historic judgment delivered last October.  We wonder whether Dr. Shetty and other IMA leaders are spreading these baseless rumors on “cap” in USA deliberately or are they simply ignorant about facts?

BMJ (Head to Head) Aug 27, 2014


Under PBT’s relentless pressure to bring transparency in handling of cases against delinquent doctors, WBMC has eventually posted a list of the status of pending complaints against doctors on their website at WWW.WBMC.IN.  The list bears more glaring testimony of the pitiful status inside the medical council in dealing with allegations against doctors.  According to the list posted under the heading, “Penal cases under consideration as on 31st May, 2014”, a total of 376 cases are still pending before the Penal & Ethical (PE) Committee for final decision.  Following are some of the most glaringly aspects emerging from this list:

1) 12-year old complaints still languishing for final decision:  Many cases against doctors that are 10-12 years old are still pending for final verdict, sometime even after issuance of charge-sheet.  For example, a case against Dr. Sajal Sarkar (case no. 62-C/2002, Item no. 1) is still waiting for “hearing by the Council” even though Dr. Sarkar was charge-sheeted in this matter suggesting prima facie negligence.  Other cases are also pending since 2003, 2004 etc.  The Section 8.4 of MCI “Code of Ethics Regulations” has mandated that complaints against doctors must be decided “within a time-limit of 6 months”.

2)  Charge-sheet not delivered for months:  A case of 2010 where “charge-sheet to be issued” against the accused doctor has been delayed for months even to issue the charge-sheer – obviously enabling the charged doctor to roan scot-free (Serial no. 68)

3)  Complaints are selectively chosen as target:  While older cases (e.g. filed in 2013) are shown as “Yet to be marked to PE Committee”, cases filed later in 2014 have been “Under consideration of PE Committee” clearly suggesting that the WBMC is targeting some doctors, perhaps due to their political affiliation.

4)  Complaints against doctors are not increasing:  the list also establishes that it is a myth, as frequently claimed by the IMA leaders, that more people are filing complaints against doctors.  As shown in the list, it appears that while only about 46 complaints have been pending in 2014, the number of pending complaints in 2013 was about 157, 154 in 2012, 156 in 2011 and so on.  Therefore, there is no reason to imagine that people have become more vindictive and filing more complaints against doctors.

One important aspect of this list that has emerged is the names of all doctors in West Bengal who have been charged with “medical negligence”.  The complete list as it is shown at WBMC website is attached below.

WBMC Complaint List (May, 2014)


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In an unprecedented move in Indian medicine, MCI, highest medical regulatory authority in India, has ordered to suspend registration of three doctors of a prominent Kolkata nursing home for a period of 6 months for “not appearing” before the MCI Ethics Committee to answer charges of medical negligence (see below MCI Order). For the first time, MCI has invoked the provision of Section 8.5 of MCI “Code of Ethics & Regulations” which allows to summarily suspend the license of an accused doctor during pendency of hearing ofthe complaint before the medical council.

The three doctors (Dr. P.K. Pujari, an orthopedic surgeon and two physicians, Dr. Ranjan Bhattacherjee and Dr. Asis Kumar Patra of Paramount Nursing Home in Kolkata) were involved in an alleged case of “medical negligence” which caused death of sister of Mr. Syamal Bose in Kolkata.  After Mr. Bose came to PBT seeking support for justice for the wrongful death of his sister, we provided him with the guidance to approach the state medical council seeking cancellation of medical registration of the accused doctors.  But West Bengal Medical Council (WBMC) dismissed Mr. Bose’s complaint in 2013 through a botched investigation with a view that there was no medical negligence by any doctors following which Mr. Bose filed an appeal (under Section 8.8 of “Code of Ethics & Regulations”) with the MCI.  The historic MCI Order summarily suspending the three doctors’ medical registrations for non-appearance before the Ethics Committee is the result of PBT’s relentless pressure on the medical regulatory authorities for bringing justice to all victims of “medical negligence” which should send a strong signal to all negligent doctors.

While MCI has decided to suspend the license of the three Kolkata doctors for a period of 6 months, this direction has to be implemented by the WBMC where these doctors are registered to practice medicine.  In fact, the MCI Order was directed to the WBMC Registrar for taking appropriate action to suspend the medical registration of the three Kolkata doctors.  Like most other state medical councils, WBMC has also worked primarily to shield the negligent doctors with an oblique interest but they must act now to cancel medical registration of the three doctors to send the right message to the ordinary people.  PBT has already written to the WBMC to act in this matter without any further delay and we will bring them to the court if they remain silent.

MCI Order (Aug 2014) suspend for non-appearance PBT case


In a historic verdict that may have far-reaching implications on all future cases including cases of “medical negligence”, Division bench of Chief Justice Manjula Chellur and Justice Asim Banerjee of Calcutta High Court dismissed an appeal filed by West Bengal Medical Council (WBMC) today which prevented “live” internet videoconferencing from USA to allow PBT president, Dr. Kunal Saha, to appear “in person” for conducting cases.  The division bench said that they were puzzled as to why the state medical council opted to filed an appeal challenging a single-judge’s decision to permit Dr. Saha to participate  to argue cases from his permanent place of residence in USA, especially when the cost for the videoconferencing was paid by Dr. Saha himself.  The case before learned single Judge, Justice Aniruddha Bose, involved cancellation of medical license of Dr. Sukumar Mukherjee, a senior Kolkata doctor who was held guilty for causing death of Dr. Saha’s wife, Anuradha Saha, by the Supreme Court in 2009.

The Medical Council of India (MCI) also found Dr Mukherjee guilty for medical negligence and directed to suspend his medical registration in 2011.  But Dr. Mukherjee moved a writ petition challenging the MCI order and managed to obtain a stay from Calcutta HC.  Dr. Saha also filed a separate writ petition seeking enhancement of Dr. Mukherjee period of suspension.  The issue of “live” videoconferencing from USA came up in the course of these two writ petitions before Justice Bose who allowed Dr. Saha to use the technology of videoconferencing to participate in the court proceedings from USA.   However, WBMC filed an appeal challenging the single-judge order granting videoconferencing and obtained a stay forcing Dr. Saha to take frequent trips from USA to fight these cases.  The final judgment passed by Chief Justice and Justice Mr. Banerjee today is likely to pave the way for speedy trial not only for Dr. Saha but also for countless other justice-seekers from distant places to find equitable justice.  Incidentally, the final judgment in the two writ petitions involving cancellation of medical registration of Dr. Sukumar Mukherjee will be delivered tomorrow, August 8, 2014.


PBT hosted a historic public seminar at Rotary Sadan in Kolkata on Sunday in which at least 12 medical doctors also joined to raise their voice against medical corruption.  Subhra Verma, daughter of one of the most respected ex-CJI, Justice J.S. Verma, also described how her father became a victim of medical negligence by top Delhi doctors and how even after his death, Delhi Medical Council (DMC) deliberately shielded the errant doctors.  Dr. Balbir Tomar, member of the new MCI, lashed out to the rampant corruption inside MCI which is still controlled by the disgraced ex-MCI president, Dr. Ketan Desai and his cronies.  Mr. M.N. Krishnamani, Sr. Advocate and several times Supreme Court Bar president discussed how new provisions of law, as delivered by the Apex Court in Anuradha Saha death case, may play a major role in bringing justice to the victims of medical negligence.  PBT president and HIV/AIDS specialist, Dr. Kunal Saha called upon the “good’ doctors to step forward and help to cleanse the deep-rooted rot in the healthcare delivery system.  Many victims including doctors attended the program, some coming from far away places like Delhi, Bhopal and Bokharo.  The program was widely reported by the local and national media (see below).

TOI (Aug 4, 2014)

H Times (Aug 4, 2014)

Ind. Express (Aug 4, 2014)

Hindu (Aug. 4, 2014)

Statesman p. 5 (Aug 4, 2014)

Statesman p. 14 (Aug 4, 2014)


PBT will host an open public discussion forum on “Law and Medical Corruption” at Rotary Sadan (next to Nehru Children’s Museum) in Kolkata at 3 pm on Sunday (August 3).  This historic seminar will focus on various aspects of law against healthcare corruption and medical negligence.  A highly respected ex-chief justice of India (CJI), Justice J.S. Verma, who headed the Verma Commission in Delhi rape case last year, recently died from alleged medical negligence.  Justice Verma’s family will be present to tell their horrific experience about death of the ex-CJI.  Last year’s Supreme Court Bar President and Sr. Advocate, Mr. M.N. Krishnamani, who has played a key role in numerous PILs to improve the healthcare system, will appear as the chief guest for this program.  Doctor-members of the present Medical Council of India (MCI) will also be present to describe the corruption that has ravaged the present healthcare and medical education system in India.  PBT president, Dr. Kunal Saha, will also be present to tell about our future course of action to cleanse the medical system.  All conscientious citizens, doctors and victims of medical negligence are urged to attend this historic seminar.  Admission is free for all.  (see below the Advertisements ran in Kolkata newspapers of August 2 including TOI, Bartaman and Sanmarg)

PBT Ad (English)

PBT Ad (Hindi)


PBT president, Dr. Kunal Saha, will host a press conference on Friday (August 1, 2014) at 1:30 pm at Indian Women’s Press Corps (IWPC) building located at 5 Windsor Place in New Delhi.  PBT has lodged criminal complaints against 12 diagnostic centers across Delhi for corrupt practices of “commission”.  Also, CBI has initiated an investigation against sitting MCI member, Dr. Ajay Kumar, which will be discussed at this press meeting.  Further, a memorandum seeking speedy justice for cases involving “medical negligence” was submitted by Dr. Saha with the NCDRC president, Hon’ble Justice Mr. D.K. Jain.  These issues will also be discussed at the press conference on Friday.


One of the top International medical journals published from UK, “British Medical Journal” (BMJ) has cited in their latest issue that BJP leader and newly appointed central health minister, Dr. Harsh Bardhan, has admitted that the present Medical Council of India (MCI) is “corrupt” (see BMJ report below).  As PBT has frequently reported, MCI has been plagued with deep-rooted corruption for a very long time.  Disgraced ex-MCI president, Dr. Ketan Desai was caught red-handed by CBI while taking bribe from a private medical college in 2010 following which the entire MCI was dissolved by then UPA government but only under heavy public pressure.  Until Desai was arrested, then health minister, Mr. Gulam Nabi Azad, had maintained a cozy relationship with Desai and all his cronies who were in control of the MCI.  Unfortunately, MCI was reconstituted in December, 2013 but many of the same Desai cronies who were part of the council when it was dissolved in 2010 returned to MCI using the flawed council election/nomination system.  The functioning of the newly formed MCI over the past seven months has been as deplorable as it was before.  PBT has already lodged several complaints with the health ministry seeking disciplinary action against many of the sitting MCI members.  With the new health minister in power candidly admitting corruption inside MCI, we all hope that he will take imminent action to the specific issues raised by PBT to cleanse the healthcare delivery system.

BMJ (MCI is corrupt- Health Minister) July 23, 2014


Gujarat High Court (HC) division bench of Justices Mr. Jayant Patel and Mr. Z.K. Saiyed disposed of the public interest litigation (PIL) filed against the inaction on part of Gujarat University (GU) after PBT lodged a complaint against disgraced ex-MCI chief, Dr. Ketan Desai for his unlawful entry in the university senate with a direction that PBT may approach the Gujarat Govt. with a new application seeking to remove Dr. Desai from the GU senate under Section 58 of Gujarat Univ. Act.  Soon after the arrest of Dr. Desai by CBI for taking bribe from a private medical college in 2010, Desai’s medical registration was suspended indefinitely following a complaint lodged by PBT.  But using sinister influence, Desai managed to get himself elected “unopposed” to the GU senate as a medical man despite being criminally indicted with a suspended medical license.  After PBT moved the Supreme Court, leave was granted to move the “authority” (GU) for removal of Desai from the university.  But repeated appeals to the GU fell in deaf ears as PBT was compelled to move the Gujarat HC again to bring justice to Desai.  The order passed by Gujarat HC asking PBT to move a new application with the state government, while may take more time, it may force GU to expel Desai.  Ironically, by virtue of his GU senate position, Desai also managed recently to get himself elected “unopposed” to the MCI.   While Desai himself has not yet joined MCI as a member, the newly formed MCI is being ruled mostly by Desai’s cronies.  PBT has also written to the new health minister, Dr. Harsh Bardhan, seeking him imminent intervention to cleanse MCI and to take exemplary action against Desai and his cronies in order to restore public trust on the medical education and healthcare delivery system.  PBT is the only reputed organization that has been fighting relentlessly against corrupt medical mafias including Desai and his numerous cronies.