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NRI
Dr. Saha's wife death from medical negligence case, final hearing
on July 14
God forever bless Justice Mr. S.B. Sinha
Who
ordered the final hearing won't be adjourned under any circumstances
New Delhi, May 14, 2009
Kunal Saha, MD, PhD
HIV/AIDS Specialist
SC Judge is a patient of the accused doctor: In a
major development in the Supreme Court (SC) in the historic Anuradha
Saha death case in the Supreme Court of India today (May 14), Justice
Mr. S.B. Sinha has ordered that the final hearing in this matter
shall take place on July 14, 2009, the very first day after the
Apex Court re-opens following the almost 2 months long summer vacation
which begins after tomorrow. Justice Sinha has further directed
that the case must be listed as the first item in the list on July
14 and the final hearing won't be adjourned under any circumstances.
In another dramatic development, the junior judge in this bench,
Justice Mr. A.K. Ganguly recused himself from this case because
he is a patient himself of one of the three accused doctors. The
three doctors facing criminal negligence charge in this case for
causing wrongful death of NRI and a child psychologist, Anuradha
Saha during a social visit to India in 1998 are medicine specialists
Dr. Sukumar Mukherjee and Dr. Abani Roychowdhury and senior dermatologist,
Dr. Baidyanath Halder.

Dr. Kunal Saha, Anuradha's husband and a noted HIV/AIDS specialist
from Columbus, Ohio, flew in from USA yesterday to argue this case
himself and preyed before the SC that the final argument should
not be delayed any more. Dr. Saha started an indefinite "hunger
strike" in Delhi last February demanding early hearing of this
case. This case also made headlines after two SC employees were
arrested by the CBI in a sting operation for seeking bribe from
Dr. Saha for listing of this case. Two doctors (Mukherjee, Halder)
were previously found guilty for criminal negligence under IPC Section
304A and sentenced to three months of rigorous imprisonment for
the first time in Indian medico-legal history by the trial court
in Calcutta in 2002. After the Calcutta High Court reversed their
conviction, the SC granted a special leave petiton (SLP) by Dr.
Saha in 2005. A separate civil appeal for financial compensation
of Rs. 144 crore has been tagged with the criminal appeal and also
pending before the Apex Court. Dr. Saha has already given legal
affidavit stating that the entire money, if and when he wins, will
be spent in India for promotion of health and to help the victims
of medical negligence. "People for Better Treatment" (PBT),
a humanitarina society to help the victims of medical negligence
was established in India following the death of Anuradha Saha.

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