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Calcutta High Court Imposes Cost Against Doctors Guilty For Anuradha Saha’s Death For Delaying Case

In a rare move to send a strong signal against the ploy to deliberately delay the process of justice, Justice Mr. Aniruddha Bose of Calcutta High Court has imposed a penalty of Rs. 10,200/- to be paid by Dr. Sukumar Mukherjee and Dr. Baidyanath Halder, two doctors already held guilty by the Supreme Court for causing death of Anuradha Saha, for failing to file their response affidavit on time.  The court was hearing a writ petition filed by Anuradha’s husband and PBT president, Dr. Kunal Saha, seeking direction to the Medical Council of India (MCI) to permanently cancel license to practice of Dr. Mukherjee and Dr. Halder.  Although MCI found Dr. Mukherjee/Dr. Halder guilty for medical negligence but they directed to cancel their registrations for a period of only 3 months.  Dr. Mukherjee/Dr. Halder did not file their affidavits for months in order to delay and frustrate the course of justice.  The Calcutta HC took serious note of the situation and ordered them that they must file affidavits in 1 day (on Thursday, Aug. 8) and fixed the matter for final argument on Monday (Aug. 12).  Dr. Saha himself appeared in the court to argue coming from USA.  While in India, he is also likely to find several other major cases filed by PBT around the country and the final verdict of compensation for the wrongful death of Anuradha Saha which is expected any day now from the Supreme Court of India.

Comments on this entry are closed.

  • Nadaraasan R November 8, 2013, 5:16 pm

    This is with reference to the article on the judgment of the Hon’ble Supreme Court in the case of Kunal Saha on the alleged medical negligence .
    While no one would support medical negligence, the fact is that the judgment does not ensure a better society. The judgment will act as a deterrent and the bright students in the high schools would opt for courses other than medicine. It is easier for the students to opt for a career where they can commit any mistake not just negligently but deliberately and can escape law easily. The best career that ensures no accountability is the career in law. One can easily pass the examinations, pull only political strings to become government advocate first and then get elevated to the post of judges. We have seen chief justices with just pass marks in law.

    There is no accountability even when they pass judgments without even seeing the counter affidavit. No criticisms can be there, because of the Contempt provisions. Why Medicine then when law is the better option?

    Moreover, the compensation has been worked out on the basis of the possible earnings of Mrs. Anuradha in the USA. But, the fee paid to the AMRI hospital on her behalf was not the rate charged in the USA but in India.

    Or, the students may go for Journalism. There is no accountability at all. One can say anything against humanity, one can suppress any fact, one can commit any crime and then stand up and laugh at their victims.

    There are rotten eggs in medical fraternity. But, so are in judiciary, media and every other field. Mr. Devi Shetty has warned that this judgment would have adverse impact on the common people and the doctors would go for defensive treatment. That is true. Mr. Kunal Saha’s reply in this regard in Outlook is meaningless.