CALCUTTA HIGH COURT IS ANGRY ON MEDICAL COUNCIL FOR SITTING IDLE ON A COMPLAINT OF MEDICAL NEGLIGENCE

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

Address of the experts available for the opinion in Criminal Investigation in West Bengal

Blood, Semen, Viscera, Hair, Arms, Ammunition, Electric Meters, Ballastics, Weapon of Offence, Tampered Registration no. of Vehicles, Wearing Apparels etc.

The Director,
Forensic Science Laboratory,
37/1/2, Belgachia Road,
Kolkata- 37
Ph- 033-25565430


Arms, Ammunition, Bombs, Explosives and DNA Test.

The Director,
Central Forensic Science Laboratory,
30, Gorachand Road,
Kolkata 700014
Ph- 033-22849442


All finger prints and foot prints

The Director,
Finger Print Bureau,
Arakshya Bhawan,
WB Police record Bhawan
Salt Lake City, Kolkata 700091


All kinds of signatures, forged documents and handwriting.

The Examiner, Questioned Documents Examination Bureau,
C.I.D. West Bengal,
Bhawani Bhawan,
Kolkata 700027


All kinds of cassettes, CD or Films.

The Chairman,
Eastern India Motion Pictures
Association,
192/E, B.N. Sarkar Avenue,
Kolkata 700073
All kinds of cassettes, CD or Films.


Fake Currency Notes.

 

The General Manager,
Currency Note Press,
Nasik Road, Maharastra,
PIN 422101
Fax – 0253-26573020 Or
Bharatiya Reserve Bank Note Mudran
Nigam, Salboni, West Midnapore

Packing, Sealing & labeling Exhibitable evidence by Police Investigator

General precautions by IO

  • Put the date of Sealing without a miss
  • If possible, the articles initiated by the witnesses and sealed in their presence
  • When the articles are received at the police station, make an entry in the General Diary and also in the Property Register. The exhibit then should be packed and dispatched to Court or the expert concerned as quickly as possible.
  • Before Sealing of the exhibits, check whether the articles in question were collected in the presence of at least two disinterested and respectable local witnesses under a seizure list. The officer seizing these should sign the Seizure List, and also take the signature of the witnesses in whose presence the seizure is made.

a. Excessive sealing should be avoided.
b. The exhibits contained in the package are fully padded with straw or cotton and do not come into contact with each other.
c. Cutting edges of a weapon should be secured with jute or cotton.
d. The package is secure and nothing can seep through or penetrate. Similarly, ants or other insects cannot enter the package.
e. Clean containers are used.
f. There is no possibility of explosion, leakage and evaporation.
g. The joints of the stopper with a bottle are sealed with melted wax to prevent leakage.
h. The container is strong enough to avoid damage in transit.
i. The label does not come off at any stage.
j. The exhibits in separate case are packed in separate sealed containers.
k. A copy of the forwarding memo with a list of the articles is placed in the box containing the exhibits.
l. The exhibits are sent by special messenger as far as possible.
m. The exhibits are sent as early as possible.
n. A list of the articles duly lettered and sealed is enclosed with the parcel.
o. A consecutive number with the description of the article is indicated in the forwarding letter, in the following manner:

  • A dagger with 8” blade and wooden handle Marked A. The blade is suspected to bear blood stains.
  •  A white terry-cotton shirt with some stains on the collar and the left pocket marked B.

Write Forwarding Letter:

A separate forwarding letter should be sent for every parcel. A copy of this letter should also be kept inside the parcel.

The forwarding letter should contain the following particulars:

a. The facts of the case in brief with special reference to its medico-legal aspect.
b. Date and mode of dispatch of the parcel.
c. An accurate description of the contents of the package, mentioning letters or fingers allotted to each item.
d. A duplicate list of the articles as mentioned in (m) under head Packing as above.
e. A facsimile of the seal used in sealing the articles.
f. A note regarding preservation, destruction or return of the article.
g. Points on which the opinion is required.
h. Court orders, if any, in connection with the sending of the exhibit.


Labeling:

Each article should have a label firmly attached to it, which should contain the following information:
a. Date and reference of the forwarding Memo.
b. Description of the article.

c. If it is blood, number of observed stains with their consecutive numbers or letters as marked on the paper stitched to each stain.
d. Name and designation of the forwarding officer.
e. Police Station, case number, date and seal of the Police Officer.