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Supreme Court Tells Dr. Kunal Saha That His Wife “Won’t Rest In Peace” Until He Stops Fighting For Justice Against Doctors Responsible For Her Death

What is viewed as a truly extraordinary move by any court of law and especially the highest court of the land, Supreme Court bench of chief justice Mr. J.S. Khehar and Mr. D.Y. Chandrachud refused to admit a special leave petition (SLP) filed by PBT president Dr. Kunal Saha against the West Bengal Medical Council (WBMC) for not taking any disciplinary action against Dr. Sukumar Mukherjee who was primarily responsible for the wrongful death of Dr. Saha’s wife, Anuradha Saha. Dr. Mukherjee was held for gross medical negligence by the SC in 2009 and another bench of the Apex Court awarded the highest ever compensation in 2013 against Dr. Mukherjee and two other doctors as well as AMRI hospital in Kolkata. The Medical Council of India (MCI) also found Dr. Mukherjee guilty for “professional misconduct” and directed the state council to suspend Dr. Mukherjee’s medical license to practice in 2011. But WBMC has maintained that there was nothing wrong with Dr. Mukherjee’s treatment and refused to take any disciplinary action against him despite the Apex Court and MCI’s direction.

Dr. Saha appeared in person before the SC on Friday and made a compassionate plea that the state medical council is doing a great disservice to the society and unless SC steps in to prevent this blatant wrong by the doctors-only members of WBMC, more Anuradhas will continue to die tomorrow. Although the CJI expressed sympathy for Dr. Saha and agreed that no amount of punishment can compensate his loss, the Apex Court also made an incredible jump of logic that Dr. Saha should refrain from fighting more litigations on this case because the guilty doctors have already been punished and most shockingly, the CJI declared that Anuradha would not “rest in peace” as long as Dr. Saha continues legal battle against the doctors who were responsible for her death. The front-page story published in Telegraph has painted an accurate picture what happened in the courtroom on Friday (see below). The court did not get into the vital question that was raised in this SLP, i.e. What happens when a doctor is found negligent by the court of law but the medical council finds nothing wrong with the treatment? Did such action by the WBMC not undermine the sanctity of the Apex Court in clear violation of Article 144 of Indian Constitution that all civil and judicial bodies in India must work in aid of the Supreme Court? Dr. Saha has said that he would file a Review petition against this SC decision.

Telegraph (Jan 14, 2014)

Comments on this entry are closed.

  • Arvind Mishra January 15, 2017, 9:23 am

    I am really shocked by the comment made by chief justice of india.
    If some one wish to file a case on legitimate ground why he is being denied…?
    I am also fighting a case against medical negligence for last 8 years but the negligent doctors are getting full support from state medical council even though the clear evidences against doctors.
    Why these corrupt doctors are getting sympathy from police to court…i am not able to understand.
    Now the union govt want to bring doctors protection act…in fact doctors are well protected by medical councils..pharma companies…police..and court.
    Poor patient and their family members need protection from corrupt doctors

  • prakash January 15, 2017, 9:36 am

    The solutions for future are that there should be common man representation at Medical Councils who can help the judgements and also open hearing where public can attend with permission

  • Sonia January 16, 2017, 6:33 am

    Below is the text of the email I sent SCI on 14 January 2017 (and copied PBT in on), upon reading about Dr Kunal Shah’s case in the newspaper :

    Quote
    Ref: Article in today’s Times of India entitled ‘CJI’s New Mantra’ , by Dhananjay Mahapatra

    If a petitioner ‘continued to pursue (the Supreme Court of India) for cancellation of practice licence of (certain) doctors’ in a case of medical negligence resulting in the death of his wife’, I see no reason why the petitioner should be termed a ‘busy body’ susceptible to penalization by the apex court for a ‘small issue’ – as the article mentioned in reference implies. Just because the petitioner in question has already ‘won a record compensation (from the NCDRC)’, why should he be denied the right to make the medical environment a few degrees safer for patients in general by also being granted an order for cancellation of licence to practice of negligent doctors, as he seems to have attempted to do?*

    Record compensations never helped restore the murdered to life; rarely did they help prevent repetition of crimes by the accused. Thousands of examples of erring doctors, builders etc stare us in the face every single day of our lives and serve to torment us, the general public. They act as constant reminders that the vast majority of civil and public servants tasked with duties and responsibilities towards the general public (and compensated heavily out of the latter’s hard-earned savings) are serving and protecting only themselves and others with power and influence. You never find such civil and public servants penalized for being ‘useless bodies’, or given life terms in ‘issues of great magnitude’.

    Penalizing whom the apex court considers ‘busy bodies’ for ‘small issues’ such as the medical case quoted in the article in reference, would deter the general public and NGOs from pursuing, through courts of law, unresolved matters of great concern to the general public/matters of life and death. It would also put a huge question mark on the commitment of the Supreme Court of India to reforming the current mafia state.

    I hope the apex court judges will give due thought to the above, at the start of what the public took to be a New year; at least those amongst Supreme Court judges who do not have their fingers and toes so deeply dug into corporate/transnational pies that they are unable to distinguish public interest from selfish interest; right from wrong.

    Sonia

    * ’ Shah had won a record compensation from the National Consumer Disputes Redressal Commission. But he continued to pursue for cancellation of practice licence of those doctors.’

    Unquote

  • Balaprasad voggu January 16, 2017, 6:58 am

    To

    President: Dr. Kunal Saha /PBT STAFF

    Sir,

    I V.balaprasad from Hyderabad, as per your instructions & guidence i followed till today, please give me in future process,
    sir present i need your help in New Delhi, advocates for (central consumer forum & supreme court also ), till running my case at evidence position in State Consumer forum & District court also,
    please give me PBT Staff numbers in any help about my case.

    Note :
    1. Andhra pradesh medical council given punishment to doctor ( only
    cunsure of doctor)
    2. I appeal to Medical council of india, I Meet Mr.T.V.George Layer,
    Reference Mr.Srikar reddy sir, & Mr.T.V.George sir came at medical
    council of india, arguement in medical council about our case, then
    Medical council of India, the MCI given punish the doctor 3 months
    suspended. I submitted my judgement for implementation purpose &
    punish the Doctor, Distric Medical Officer & Directorate of Health
    office, ( State office : Misses: Lalitha Kumari ), she reacted about
    my application then given the instruction passed to District Health
    officer to take necessary action by Hospital, but at the same time he
    writ petition on high court & given stay order on Judgement’s.

    High court stay given the doctor Mispresentation submitted at
    court,(Doctor) he written on petion One appeal in pending in MCI No of
    :111062/2015, after stay, I enquiry the about no; through R.T.I. Act,.
    MCI replay no have any pending cases about these cases, closed all the
    matter on 2014.
    at present i submitted in high court, but till today not hearing
    position, ( Judges are shortages in courts, present Hearing Date on
    19.01.2017)

    For your reminder MCI JUDGEMENT
    1. Doctor not seen at evening to on medinight at the period of patient
    condition is serious
    2. who are treated the duty doctor, that doctor is not qualified, he
    is Ayurvedic doctor.
    3. 3 months suspeded in MCI , but not implemented in our state.

    Thanking you.

    Yours Faithfully

    V.Balaprasad
    09000418870

  • kundi January 17, 2017, 8:49 pm

    Hahaha hahaha Superb observation

  • Parag January 21, 2017, 1:59 am

    The work Dr. Kunal Saha is doing is applaudable and I am surprised to hear Supreme Court and Chief Justice have asked Dr. Kunal Saha to not take this further. Indirectly they are saying that no matter whether the Doctor’s commit medical negligence and kill people, their relatives should just stay calm!

    My family is also a victim of medical negligence. I’ve started the petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom” and need your help to get it off the ground.

    Will you take 30 seconds to sign it right now. Here’s the link:

    http://www.change.org/p/medical-council-of-india-lilavati-hospital-cancel-license-expel-corrupt-nephrologist-hemant-mehta-prashant-rajput-who-killed-my-mom

    Thanks!
    Parag

  • Ally January 21, 2017, 2:15 am

    Apex court has completely failed to deliver justice to a victim who is fighting a long battle over many years…by this order court finally bow down to dr saha and requested to leave hope for justice and rest in peace (without getting justice)…remember no money can compensate his loss or what he and his wife suffered due to not human err but willful gross negligence..which is proven by same court but rejected to deliver justice by same court…what an irony….!!! Sorry to dr saha..but u fought well…bravo!!!