सव
भव तु सिखनः
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Noida. It was alleged that the City Magistrate had ordered
their transfer to a mental hospital on 24 Febuary 2022,
based on the CMO's report. Despite this order, the
complainant and the Resident Welfare Associa on (RWA)
claimed that the authori es had failed to take the
necessary ac on. They expressed concerns about the
safety of the residents, as the siblings posed a risk to
themselves and others in the society. However, they also
believed that the siblings, as ci zens of the country,
deserved appropriate treatment for their mental illness.
Upon taking cognizance of the ma er, the Commission
directed its Registry to issue no ces to the District
Magistrate, Gautam Budh Nagar, the Commissioner of
Police, Gautam Budh Nagar, and the CMO, Gautam Budh
Nagar. They were instructed to submit an ac on-taken
report within one week. Failing to do so, these authori es
were scheduled to appear before the Commission in its
office. Following the Commission's direc ve, the District
Magistrate, Gautam Budh Nagar, submi ed a report
dated 02 September 2022, men oning that a team of
mental health experts had examined the siblings at their
residence on 27 August 2022, based on the recommendaon of the CMO, Gautam Budh Nagar. The experts
determined that both siblings were suffering from serious
mental ailments and recommended their transfer to the
Mental Hospital in Agra, U ar Pradesh. The Commission
also received an ac on taken report from the Commissioner of Police, Gautam Budh Nagar, 02 September 2022,
which forwarded a report from ACP-II, Gautam Budh
Nagar. The report confirmed that both the brother and
sister had been shi ed to Mental Hospital, Agra, along
with a team of doctors, a ward-boy, and a staff nurse,
using a government ambulance, as indicated in GD Entry
on 02 September 2022.
The Commission carefully considered these reports and
noted that the authori es had acted in a coordinated and
prompt manner by reloca ng the siblings to Mental
Hospital, Agra. The Commission reviewed the records and
observed that the complainant, who had been given an
opportunity to provide comments on the police report,
had not submi ed any comments within the prescribed
me frame. Consequently, the Commission presumed
that the complain- ant had no further concerns to raise in
the ma er. Under these circumstances, the reports were
accepted, and the case was officially closed on 04 October
2022.
Chapter 7 - Thematic Areas
5.) A lady Doctor died by suicide a er registra on of
FIR against her by Police of Dausa, Rajasthan, for
alleged medical negligence leading to death of her
pa ent.
(Case No. 1150/20/11/2022)
The Commission took cognizance of death by suicide of a
lady Doctor in a private Hospital in Dausa Rajasthan, a er
an FIR u/s 302 IPC, was registered against her, for alleged
medical negligence leading to death of her pa ent. She
was a mother of two minor children. The registra on of
FIR was in viola on of guidelines issued by the Hon'ble
Supreme Court of India, which provide that a doctor
cannot be charged with criminal negligence without
proper examina on by an expert commi ee.
The reports received, pursuant to the Commission's
direc ons in the ma er, revealed that PS Lalsot FIR No.
155/2022 u/s 302 IPC was registered against the
deceased. However, a Medical Board, cons tuted by the
Chief Medical and Health Officer to enquire in the ma er,
did not find any negligence on her part in discharge of her
du es towards the pa ent. She was allegedly harassed by
some persons, who were instrumental in registra on of
FIR against her, due to which she had died by suicide. On a
complaint from her husband, PS Lalsot FIR No. 157/ 2022
u/s 384/ 388/ 306 IPC, was registered, which ended in
Charge Sheet dated 29 May 2022 u/s 147/ 149/ 306/ 384/
388 IPC against all the named accused.
On perusal of the report, the Commission observed that it
was amply clear that the accused Police officials had been
negligent in registering the FIR against the deceased
doctor, and did not comply with the direc ons dated 05
August 2005, of a three judge Bench of the Hon'ble
Supreme Court in the Jacob Mathew v. State of Punjab
(2005) 6 SCC 1. This judgment has also been upheld on 12
November 2013, by a five judge Cons tu on Bench in the
Lalita Kumari vs. Govt. of U.P. (2014) 2 SCC 1. The Court
held that Police should not register an FIR against a Doctor
for alleged medical negligence, without prior examinaon, by an Expert Commi ee. This negligent act by the
Police caused agony and mortal apprehension to her, who
resultantly died by suicide. The Commission, therefore,
issued no ce to the Chief Secretary, Govt. of Rajasthan, to
show Cause as to why the Commission should not
recommend u/s 18(c) of the PHRA, payment of Rs. 5 lakh
as compensa on to the NoK of the deceased vic m.
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