Gujarat high court has admitted petitions filed by two orthopedic surgeons Dr Rikin Shah and Dr J P Pandit demanding quashing of court proceedings initiated on basis of complaint filed by IPS officer Satish Verma alleging criminal negligence after they conducted hip surgery on him in 2012.
On basis of Verma's complaint for negligence, a magisterial court started criminal proceedings against the two doctors and issued summons to them earlier this month. The court has also invoked section 338 of the IPC (causing grievous hurt by an act endangering life or personal safety of others) against the doctors of the Sterling Hospital in the city.
The doctors have sought to remove this charge. Dr Shah's counsel Jal Soli Unwala contended before the high court that a surgeon operates upon the patient not with an intention to cause injury. And if a surgeon is charged for causing injury, all surgeons that operate on patients are guilty under this provision of law.
After hearing the arguments, the HC admitted the quashing petition and permitted the doctors to file an application for exemption to appear before the lower court for hearing. The doctors contended that they are in a profession that does not allow them to leave a patient and attending court proceedings is difficult for them.
In October last year, Verma alleged that following his hip surgery, he started limping because his left leg got shortened after the surgery. He alleged that it was an intentional negligence and sought criminal action against the hospital and doctors. The court had ordered an inquiry, and later began the criminal proceedings.
Verma has been at loggerheads with the state government because of his aggressive investigations of the Ishrat Jahan fake encounter case. The state government also got the encounters carried out under his supervision in Porbandar district re-investigated after an HC order, and Verma too is now facing criminal proceeding. He has moved the Surpeme Court, which has stayed any proceeding in this case.
On basis of Verma's complaint for negligence, a magisterial court started criminal proceedings against the two doctors and issued summons to them earlier this month. The court has also invoked section 338 of the IPC (causing grievous hurt by an act endangering life or personal safety of others) against the doctors of the Sterling Hospital in the city.
The doctors have sought to remove this charge. Dr Shah's counsel Jal Soli Unwala contended before the high court that a surgeon operates upon the patient not with an intention to cause injury. And if a surgeon is charged for causing injury, all surgeons that operate on patients are guilty under this provision of law.
After hearing the arguments, the HC admitted the quashing petition and permitted the doctors to file an application for exemption to appear before the lower court for hearing. The doctors contended that they are in a profession that does not allow them to leave a patient and attending court proceedings is difficult for them.
In October last year, Verma alleged that following his hip surgery, he started limping because his left leg got shortened after the surgery. He alleged that it was an intentional negligence and sought criminal action against the hospital and doctors. The court had ordered an inquiry, and later began the criminal proceedings.
Verma has been at loggerheads with the state government because of his aggressive investigations of the Ishrat Jahan fake encounter case. The state government also got the encounters carried out under his supervision in Porbandar district re-investigated after an HC order, and Verma too is now facing criminal proceeding. He has moved the Surpeme Court, which has stayed any proceeding in this case.
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