A complaint of medical negligence was lodged against a doctor by the petitioner with the police. The police require an opinion from the from the West Bengal Medical Council, in terms of the directions given by the Hon’ble Supreme Court, to proceed any further on the criminal case. West Bengal Medical Council received the request from the police on November 16, 2017. Since then, the West Bengal Medical Council is yet to give its opinion as to whether or not, there is any medical negligence involved, for the police to proceed.The West Bengal Medical Council will inform the Director, Medical Education that, he is required to convene the meeting of the concerned panel of Ethical Cases Committee by July 29, 2019 if not earlier. The concerned panel of Ethical Cases Committee is requested to conclude the proceedings and give its opinion to the police as expeditiously as possible, conduct the proceedings day-to-day basis, if required.
Prabir Kumar Paik. Vs The West Bengal Medical Council & Ors.
CALCUTTA HIGH COURT
13 26.07. W.P. No.12954 [W] of 2019
Prabir Kumar Paik.
Versus
The West Bengal Medical Council & Ors.
Mr. Indrajit Roy Chowdhury,
Mr. Jaydipta Mandal ….. for the petitioner.
Mr. Saibalendu Bahowmick,
Mr. Subrata Bhattacharya …. For the WBMC.
The Registrar, West Bengal Medical Council is present in Court.
A report dated July 26, 2019 is submitted which be taken on record.
The facts of the present case are alarming. A complaint of medical negligence was lodged against a doctor by the petitioner with the police. The police require an opinion from the from the West Bengal Medical Council, in terms of the directions given by the Hon’ble Supreme Court, to proceed any further on the criminal case. West Bengal Medical Council received the request from the police on November 16, 2017. Since then, the West Bengal Medical Council is yet to give its opinion as to whether or not, there is any medical negligence involved, for the police to proceed.
Time is essence in a criminal investigation. Passage of time erodes valuable evidence available in the criminal investigation. A period of more than one and half years has elapsed since the West Bengal Medical Council received the request from the police. Apart from endorsing the request to the Panel of Ethical Cases Committee for conducting the investigation, the West Bengal Medical Council did not do anything with regard thereto. Nothing is placed on record to suggest that, the West Bengal Medical Council is at liberty to sit on a request from the police for eternity.
The Court informed that, the head of concerned panel of Ethical Cases Committee is the Director of Medical Education.
The West Bengal Medical Council will inform the Director, Medical Education that, he is required to convene the meeting of the concerned panel of Ethical Cases Committee by July 29, 2019 if not earlier. The concerned panel of Ethical Cases Committee is requested to conclude the proceedings and give its opinion to the police as expeditiously as possible, conduct the proceedings day-to-day basis, if required. It will submit a report to this Court as to the progress on the next date of hearing.
List the writ petition on July 31, 2019 for further consideration under the same heading.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
( Debangsu Basak, J. )
26/07/2019
