A few days back, I had written about my views regarding the judgement of the Bombay High Court in the matter titled as “Deepa Sanjeev Pawaskar & Anr. Versus the State of Maharastra, Criminal Anticipatory Bail Application No. 513 of 2018”, where the Hon’ble High Court of Bombay held that prescription without diagnosis and hence resulting into death of the patient amounts to criminal negligence on the part of the doctors and dismissed the anticipatory bail application filed by the two doctors.
This article has been published in India Legal magazine at http://www.indialegallive.com/constitutional-law-news/courts-news/prescription-sans-diagnosis-a-case-of-culpable-neglect-52692. The article is reproduced below:
Following the judgement of the Bombay High Court, the doctor couple, both gynaecologists, had filed a special leave petition in the Supreme Court of India to seek to challenge the order passed by the Bombay High Court, which had denied them anticipatory bail.
The Supreme Court Bench comprising of Justice Abhay Manohar Sapre and Justice Uday Umesh Lalit granted them relief from arrest under section 304 (culpable homicide not amounting to murder) of the IPC for criminal negligence. The Supreme Court order read as follows: “…both the petitioners, namely, Deepa Sanjeev Pawaskar and Sanjeev Anant Pawaskar shall not be arrested in connection with Crime No.71 of 2018 registered with Ratnagiri City Police Station.”
The Bench further directed that “both the petitioners shall cooperate in the ongoing investigation in connection with the offence in question and will make themselves available as and when required by the Investigating Officer.”
In granting a stay to the arrest order, the Hon’ble Supreme Court has acted in the manner, which we had anticipated it would.
Dr KK Aggarwal
Padma Shri Awardee
Vice President CMAAO
Group Editor-in-Chief IJCP Publications
President Heart Care Foundation of India
Immediate Past National President IMA