Host of PBT members filed a new application in Supreme Court yesterday (January 20, 2012) seeking to implead themselves in the ongoing PIL against the disgraced ex-MCI president, Dr. Ketan Desai (copy attached below).  The Apex Court has accepted the impleadment application and fixed February 10, 2012 for further hearing of this case.  PBT filed this PIL  after Dr. Desai was elected “unopposed” as a medical member of the Gujarat University (GU) Senate last year which clears his way to return to the Medical Council of India (MCI).  Even after Dr. Desai was arrested red-handed by the CBI while taking bribe from a private medical college and MCI directed to cancel his medical registration (after PBT lodged a complaint), Dr. Desai was elected to the GU Senate uncontested – clearly with tacit support from his medical cronies.  The Gujarat Medical Council (GMC) where Dr. Desai ruled for decades until he was arrested by CBI has also refused to cancel Dr. Desai’s medical license even after MCI directed them to do so.  A separate PIL filed by PBT against GMC is also pending before Gujarat High Court, which will come up for next hearing on January 30, 2012.

SC Impleadment (Ketan Desai PIL) 2012

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An appeal has been filed in the Supreme Court challenging the judgment passed by the National Consumer Forum (NCDRC) which granted about Rs. 1.3 crore as compensation on October 21, 2011 for the wrongful death of Anuradha Saha, wife of PBT president Dr. Kunal Saha. While the award of Rs. 1.3 crore by NCDRC is the highest in Indian medico-legal history, NCDRC actually allowed less than 2% of the claim made against the three Kolkata doctors (Dr. Sukumar Mukherjee, Dr. Baidyanath Halder and Dr. Balaram Prasad) and AMRI Hospital in Kolkata. The NCDRC also did not allow a single rupee of interest even though this case has lingered before various legal forums in India for more than 13 years. The NCDRC also deducted more than Rs. 25 lakh from the compensation because one of the doctors (Dr. Abani Roychowdhury) who was also found guilty by the Apex Court passed away in 2010 while this case was still pending before the national Commission. More importantly, NCDRC has also concluded that Dr. Saha was also responsible for death of his wife and deducted 10% from the compensation because of “contributory negligence” clearly going above and beyond the findings of the Supreme Court. These and other relevant points have been highlighted in the new appeal filed by Dr. Saha in the Apex Court yesterday seeking enhancement of the compensation (see below).

Ironically, NCDRC found absolutely no negligence in the treatment of Anuradha and acquitted all doctors and AMRI Hospital in 2006. After Dr. Saha moved against the NCDRC judgment, Apex Court found the four Kolkata doctors and AMRI Hospital guilty for “medical negligence” causing Anuradha’s death and categorically stated that the Commission was “clearly wrong in opining that there was no negligence on the part of the hospital or the doctors” (2009 SCC 9, 221). The Supreme Court returned the case back to NCDRC only for determination of the quantum of compensation.

Dr. Saha has repeatedly said and also given sworn affidavit that except for his legal expenses, the entire compensation from this case would be spent for promotion of better healthcare in India and for the poor Indian children (Anuradha was a child psychologist). Interestingly, none of the guilty Kolkata doctors or AMRI Hospital has paid any compensation as yet even after the lapse of almost three months since NCDRC judgment. Dr. Saha has moved a separate application before NCDRC seeking three years imprisonment for the Kolkata doctors and AMRI Hospital directors (who are already in jail for causing death of 93 innocent patients in a recent tragic fire in Kolkata) as permitted under the Consumer Protection Act.

SC Appeal (Jan 12, 2012)

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In a major development perhaps for the first time in Indian legal history, Calcutta High Court today (Jan. 9) has issued notice to a retired Calcutta High Court Judge, Gora Chand Dey, for “criminal defamation” under Section 500 of Indian Penal Code (IPC). While acquitting three Kolkata doctors (Sukumar Mukherjee, Baidyanath Halder and late Abani Roychowdhury) in 2004 who were responsible for the wrongful death of Anuradha Saha, Justice Dey, then a Calcuta High Court judge, made highly defamatory comments in his judgment against Anuradha’s husband and PBT president Dr. Kunal Saha. Justice Dey directly blamed Dr. Saha for his wife’s death and suggested that Dr. Saha filed the case against the Kolkata doctors with a sinister motive to bring American medical insurances to Indian soil. These observations by Justice Dey were highly publicized and widely reported by the news media in 2004. The Supreme Court later held the Kolkata doctors and AMRI Hospital in Kolkata guilty for Anuradha’s death and made scathing criticism of the observations made by the High Court in a historic judgment on August 7, 2009 following which Dr. Saha moved a criminal case before the trial court in Kolkata for “criminal defamation” under IPC Section 500 against Justice Dey. After the lower court in Kolkata dismissed the criminal application earlier last year, Dr. Saha moved the Calcutta High Court with a criminal revision petition (see copy below). Dr. Saha personally argued this matter before Justice Mr. Aniruddha Bose of Calcutta High Court on December 22, 2011 when Dr. Saha was in India. Justice Mr. Bose has admitted this case today and issued notice to Retd. Justice Mr. Dey. The case has been fixed for further hearing on January 30, 2012 (see news below)

Sify News (Jan. 9, 2012)

Telegraph (Jan 10, 2012)

News (Jan 10, 2012) Kerala

News (Dainik Jagaran) Jan 10, 2012

News (Prabhat Khabor) Jan 10, 2012

Criminal Appeal HC (CRR 2755-2011)

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