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NRI, US Dr. Kunal Saha

 

NRI Dr. Saha's wife death from medical negligence case, final hearing on May 14

 

Columbus, Ohio, May 09, 2009
Kunal Saha, MD, PhD
HIV/AIDS Specialist

 

I would be coming down to Delhi once again next Wednesday as both the “criminal” and “compensation” cases for my wife’s (Anuradha Saha) death from medical negligence has now been listed for final hearing on Thursday (May 14) before Justice Mr. S.B. Sinha (Court No. 4, Item no. 28). As you know, I went to Delhi last January and started a hunger strike against the inordinate delay of listing of Anuradha’s case and in the course of this, nabbed (through CBI) 2 Supreme Court Registry employees for taking bribes. My case was listed for final hearing but the hearing never really started because of various problems within the Apex Court and I had to return to USA after staying there for almost 3 months.

But since this case has again been listed for final hearing just 2 days before the SC goes on summer vacation (last day of SC work is Friday, May 16), I have no choice but to rush back to Delhi to argue this historic case against medical negligence. As you know, countless people in India are eagerly looking forward for justice in Anuradha death case because despite regular incidence of deaths from reckless medical practice by the hitherto “untouchable” doctors in India, hardly any doctor is found guilty either by the medical council or the court of law.

For the first time in India’s medico-legal history, two senior doctors (Dr. Sukumar Mukherjee and Dr. Baidyanath Halder) were found guilty for gross medical negligence (under IPC 304A) and sentenced to jail for causing Anuradha’s death by the trial court in Kolkata in 2002. Although the Calcutta High Court later overturned their criminal conviction, the Apex Court has already admitted my special leave petition (SLP) against the High Court back in 2005. But since then, this important case has been put in a total slumber by the Supreme Court of India until I went to Delhi last January and created a huge uproar against corruption in the SC.

This battle for justice is a “crusade” for me for the past almost 11 years (Anuradha died during a social visit on May 28, 1998 at an age of only 36). Justice in this case may have far reaching consequences in the practice of medicine in India. This is why the power medical lobby (IMA and medical councils) has been fighting to stop justice in this case. I urge you to cover the final hearing in this ultimate battle for justice next week and bring it to the people of India to help them to stand up against the untouchable doctors and stop the need less loss of innocent lives from reckless practice of medicine in our motherland.



Dr. Saha in Columbus, Ohio