While dismissing “as not entertained” a contempt of court petition against two sitting judges of the West Bengal State Consumer Disputes Redressal Commission (SCDRC), Mrs. Dipa Sen (Maity), presiding judge and Mr. Shyamal Kumar Ghosh, member of court no. 3, Calcutta High Court Justice Mr. Sabyasachi Bhattacharyya clearly agreed with the petitioner, PBT president Dr. Kunal Saha who was arguing in person, that lawyers for the accused doctor/hospital may be seeking repeated adjournments to delay the proceeding in a medical negligence case that has been pending before the state consumer court since 2016. The High Court also highly praised PBT president’s role as a non-advocate counsel in court arguing for social causes and helping victims of medical negligence in their quest for justice as the court unequivocally stated, “In his (Dr. Saha) usual fairness……”. Most remarkably, the court passed an order directing that the original case of medical negligence that has been pending before the state consumer forum since 2016 without much progress should be completed within September 30, 2022 (see copy of the Calcutta HC Order). The observations made by the High Court may have important implications in speedy disposal of medical negligence cases that are languishing in the consumer courts for years and decades due to repeated adjournments sought primarily by the advocates appearing on behalf of the accused hospitals and doctors.
Cal HC Order (Feb. 7, 2022) Contempt No. CC 6:2022
