The Supreme Court today granted protection from arrest to a gynaecologist couple after the Bombay High Court had turned down their anticipatory Bail plea..The petitioner couple runs a Hospital in Ratnagiri, Maharashtra where a pregnant woman had visited and subsequently delivered a child in February this year. After the delivery, the woman was discharged from the hospital only to be brought back on account of poor health condition..The petitioners were not available personally for her treatment and based on a telephonic conversation and instructions from one of them, certain medicines were prescribed to the victim. The prescribed medicines failed to revive the victim’s condition, who eventually passed away due to an undiagnosed embolism..The Pawaskar couple were charged under Section 304 of IPC for Culpable Homicide not amounting to murder. They approached the Bombay High Court seeking anticipatory bail only for their plea to be dismissed by Justice Sadhana S Jadhav..The High Court observed that this was not negligence but ‘culpable negligence’ in that it was not an error in diagnosis but a case of prescription without a diagnosis. Hence, an element of criminality was involved..“An error in diagnosis could be negligence and covered under Section 304A of the Indian Penal Code. But this is a case of prescription without diagnosis and therefore, culpable negligence. The element of criminality is introduced not only by a guilty mind but by the practitioner having run a risk of doing something with recklessness and indifference to the consequences.” .The Court also observed that negligent and careless persons should be weeded out from the medical profession..“The time has come for weeding out careless and negligent persons in the medical profession… Segregation of reckless and negligent doctor in the profession will go a great way in restoring the honour and prestige of large number of doctors and hospital who are devoted to the profession and scrupulously follow the ethics and principles of the noble profession”. .Aggrieved by the Bombay High Court order, the couple appealed to the Supreme Court. The Bench of Justices AM Sapre and UU Lalit, after hearing the matter issued notice to the State of Maharashtra today. The Court also directed that the petitioners shall not be arrested in the meantime, while also directing the petitioners to co-operate with the ongoing investigation in the case..“Issue notice..In the meantime, 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..It is 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.”.Senior Advocate R Basant appeared for the petitioners..Read the Supreme Court order below.
The Supreme Court today granted protection from arrest to a gynaecologist couple after the Bombay High Court had turned down their anticipatory Bail plea..The petitioner couple runs a Hospital in Ratnagiri, Maharashtra where a pregnant woman had visited and subsequently delivered a child in February this year. After the delivery, the woman was discharged from the hospital only to be brought back on account of poor health condition..The petitioners were not available personally for her treatment and based on a telephonic conversation and instructions from one of them, certain medicines were prescribed to the victim. The prescribed medicines failed to revive the victim’s condition, who eventually passed away due to an undiagnosed embolism..The Pawaskar couple were charged under Section 304 of IPC for Culpable Homicide not amounting to murder. They approached the Bombay High Court seeking anticipatory bail only for their plea to be dismissed by Justice Sadhana S Jadhav..The High Court observed that this was not negligence but ‘culpable negligence’ in that it was not an error in diagnosis but a case of prescription without a diagnosis. Hence, an element of criminality was involved..“An error in diagnosis could be negligence and covered under Section 304A of the Indian Penal Code. But this is a case of prescription without diagnosis and therefore, culpable negligence. The element of criminality is introduced not only by a guilty mind but by the practitioner having run a risk of doing something with recklessness and indifference to the consequences.” .The Court also observed that negligent and careless persons should be weeded out from the medical profession..“The time has come for weeding out careless and negligent persons in the medical profession… Segregation of reckless and negligent doctor in the profession will go a great way in restoring the honour and prestige of large number of doctors and hospital who are devoted to the profession and scrupulously follow the ethics and principles of the noble profession”. .Aggrieved by the Bombay High Court order, the couple appealed to the Supreme Court. The Bench of Justices AM Sapre and UU Lalit, after hearing the matter issued notice to the State of Maharashtra today. The Court also directed that the petitioners shall not be arrested in the meantime, while also directing the petitioners to co-operate with the ongoing investigation in the case..“Issue notice..In the meantime, 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..It is 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.”.Senior Advocate R Basant appeared for the petitioners..Read the Supreme Court order below.
