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NRI, Dr. Saha's wife death medical negligence case

NRI doctor complains against West Bengal advocate general


KOLKATA, June 29, 2006
IANS

Kolkata, June 29 (IANS) US-based Indian origin scientist Kunal Saha has complained to the chief justice against the West Bengal advocate-general for arguing on behalf of a doctor accused of causing his wife's death in 1998.

Saha, a noted Ohio-based AIDS researcher, has been fighting a medical negligence case related to Anuradha's death in May 1998 during a social visit to India.

In an impassioned letter to Supreme Court Chief Justice Y.K. Sabharwal and Calcutta High Court Chief Justice V.S. Sirpurkar, Saha has now written: "To my utter disbelief, Balai Ray, the current 'advocate general' of West Bengal, appeared and argued the case today (Wednesday) on behalf of the accused doctor, Sukumar Mukherjee.

"It is pertinent to mention that Ray had been the principal defence attorney at the Calcutta High Court during the long quashing hearing of a separate 'criminal' case against three doctors, including Mukherjee, in 1999.

"Ray has also represented Mukherjee and other doctors accused for my wife's death at different stages but all prior to his appointment as the West Bengal 'advocate-general'.

"Since Ray's appointment as the 'advocate general', his junior attorney Asim Ray has mostly represented Sukumar Mukherjee. However, Asim Ray has also been appointed as a judge in the Calcutta High Court earlier this month," Saha wrote in the letter made available to IANS.

"The 'advocate general' represents the 'State' and performs the important function of defending the rights of all citizens. Can a sitting 'advocate-general' act as a defence attorney for an accused person in the court of law even when another government agency (West Bengal Medical Council or WBMC) is also involved in the same case?" Saha asked.

"Would such a move by the 'advocate general' not give the court and the other government agency the appearance of innocence for the accused doctor? As the very basic 'doctrine of bias', this (Supreme Court) has held on numerous occasions that 'justice must not only be done but must also appear to be done'."

A division bench of the Calcutta High Court Wednesday heard an appeal by Saha on the dismissal of his two earlier petitions against the WBMC.

But Saha wrote: "The pleadings before the division bench by Balai Ray were even more disconcerting considering the fact that he had previously represented the accused doctor in the very same court."

He said the presence of the advocate general as a "defence attorney" in the courtroom transgressed all ethical boundaries and undermined the sanctity of the legal parlance.

A representative of the advocate general's office said without going through the contents of the letter they would not be able to comment on the issue.

"We cannot comment immediately unless we see the content of the letter. This is all we can say now," the official told IANS.

In a separate but related appeal, Saha has also accused WBMC president Ashok Chowdhury of bias.

Saha recently suffered a legal setback when his case - said to be India's biggest medical negligence compensation (Rs.770 million or $17 million) claim against five Kolkata doctors, including Mukherjee, and AMRI Hospital - was dismissed by the National Consumer Disputes Redressal Commission (NCDRC) in New Delhi June 1.

Saha has vowed to appeal to the Supreme Court against the NCDRC judgment after the Supreme Court opens July 3.


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NRI, Dr. Saha filed three cases against the doctors, who were responsible for his wife’s death

Kunal Saha, M.D., Ph.D.
Asst Professor
College of Medicine and Public Health
Pediatrics - Molecular Medicine
Children's Hospital Research

  • Compensation claim of Rs.777 million
  • Entire compensation amount would be donated for promotion of health in India