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Although the division bench of Justices Mr. H.L. Gokhale and Mrs. Ranjana Prakash Desai in Supreme Court of India especially took PIL filed by PBT against the nation-wide “doctors’ strike” on Monday (June 25) called by Indian Medical Association (IMA), the bench could not hear the matter today (June 22) since Justice Mrs. Desai had to recuse herself from the case because her husband is a doctor and member of IMA. The SC has now formed a new and special bench of Justices Mr. Gokhale and Mr. G.S. Mishra who will hear this matter on the top of the list on next working day, i.e. Monday, June 25, 2012 (Court no. 3, Item no. 1).
Under the present situation, the onus must now be on the IMA leaders and Ministry of Health to make sure that doctors must not start the proposed “doctors’ strike” until at least the Apex Court makes a decision on this PIL to stop the “doctors’ strike” which is unethical and illegal. As PBT has presented in this PIL (published earlier), Delhi Medical Council (DMC) has already declared that doctors cannot go on a strike under any ground and that “doctors’ strike” would violate the provisions in the MCI “Code of Ethics and Regulations”. If the IMA doctors still prefer to join the “doctors’ strike” before the Apex Court makes a decision on Monday, PBT will hold the striking doctors responsible for the harm, injury or death caused to any patient. PBT would also demand that their medical registration must be cancelled for violation of the MCI “Code of Ethics and Regulations”. PBT has also written to the Health Ministry to take appropriate measures to stop the “doctors’ strike” and prevent any pain, suffering or needless loss of life of the hapless patients.