Delhi HC Issues Notice In A Plea Asking Whether Medical Council Can Exonerate Doctors Against Whom A Criminal Investigation Is Pending [Read Order]

The Single Bench of Justice Navin Chawla has also stayed the said order of the Delhi Medical Council till the next date of hearing.

As per the Petitioner, in disguise of giving an expert opinion, the Council has allegedly given an outright exoneration to a medical practitioner, even before any evidence could be collected by the police.

Further, such exonerations are then blindly followed by the police to finally close the criminal complaints, even those involving heinous crimes.

The Petitioner, a brain-damaged child who has been rendered permanently disabled, has alleged that the doctors at Fortis Hospital dishonestly concealed the fact that the child sustained 'birth Asphyxia' at the time of delivery.

This concealment, it is alleged, has deprived the child of timely treatment due to which the injury in the brain got aggravated to an irreversible extent.

In the present case, the complaint was made for offences under sections 325, 338, 308, 193, 201, 406, 420, 471 and 120B of the Indian Penal Code.

Petitioner is aggrieved by the fact that despite such sections being invoked, the police neglected the nature of the allegations. While doing so, it treated the complaint as that of medical negligence and sent it across to Delhi Medical Council for an 'Expert Opinion'.

This expert opinion was sought to finally decide as to whether the FIR should be lodged or not.

Petitioner has complained that while giving the expert opinion, the Council acted as an arbiter of the dispute and conducted an oral hearing. Subsequently, an order passed wherein the wrong erring medical practitioners were exonerated of the criminal complaints against them.

Therefore, the Petitioner invoked the extraordinary jurisdiction of the court as he feels that his fundamental right to a fair trial, as protected by Article 21, has been denied.

For the court's consideration, the Petitioner has submitted the following questions of law:

1. Whether Delhi Medical Council can act as an expert body for the purpose of granting expert opinions to an investigating agency in a criminal matter
2. Whether the Medical Council is authorised under the statute to pass a final verdict of innocence, in the face of pending criminal complaint before the Magistrate?
3. Whether an order passed by the DMC in its disciplinary proceedings, would be analogous to medical opinion to meet the threshold prerequisite of prima facie evidence as laid down by the Supreme Court in Jacob Mathew v. State of Punjab
4. Whether the Medical Council by its act of passing an order of innocence, can take away the victim's right under section 10(f) of the Delhi Medical Council Act, to seek disciplinary proceedings once the trial/investigation is over
5. Whether the Medical Council should've adjudicated a complaint which alleges fabrication of medical records
6. Whether an opinion or an order of acquittal rendered by the Medical Council shall be binding on the investigating agency, or on the courts, or on the victim's rights?

The Petitioner, in this case, is represented by Advocate Sachin Jain and Advocate Isha Aggarwal.

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