Calcutta High Court Judge, Jayanta Biswas, has released the writ petitions filed by the two doctors against the MCI’s direction to cancel their medical registrations (for causing wrongful death of Anuradha Saha) in response to a complaint filed by Anuradha’s husband and PBT president, Dr. Kunal Saha. On July 5, 2011, Justice Biswas granted a “stay” to the implementation of MCI’s direction after Dr. Mukherjee and Dr. Halder approached his court. The “stay” was granted ex perte in the absence of Dr. Saha who approached Justice Biswas last week to request him to hear his case expeditiously since he wanted to argue the matter personally during his stay in India. After Justice Biswas rejected his plea, Dr. Saha made a submission before the chief justice to transfer his case to a new bench as he expressed doubts about getting justice before Justice Biswas.
In a remarkable development on Wednesday (August 24), Justice Biswas lashed out toward Dr. Saha as he went to his courtroom seeking a release of his case. Justice Biswas also accused him of lying that he was treated badly in his courtroom. Justice Biswas also indicated that he could initiate a contempt proceeding against Dr. Saha. Dr. Saha denied that he had lied anything in his letter addressed to the chief justice. However, Justice Biswas eventually decided to release the writ petitions from his court although attorneys for the two guilty doctors led by recently dethroned Advocate General, Mr. Balai Roy, strongly objected to the transfer of these matters. The writ petitions will now be re-assigned to a new bench in the high court. In the meantime, last week’s criminal indictment of 17 doctor-members of the West Bengal Medical Council (WBMC) who acquitted Dr. Mukherjee and Dr. Halder has created an uproar among the members of the medical community in West Bengal. The 17 doctors will have to take a bail before the next hearing in this matter on November 4, 2011.