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Anuradha death case: Historic hearing at SC on July 14
Columbus, Ohio, July 04, 2009
Kunal Saha, MD, PhD
HIV/AIDS Specialist
The final argument in the Anuradha Saha wrongful
death case (Criminal Appeal Nos. 1191-1194 of 2005 and Civil Appeal
No. 1727 of 2007) will take place in the Supreme Court on Tuesday
(July 14, 2009) before the division bench presided by Hon’ble
Justice Mr. S.B. Sinha. Just before the SC closed for summer vacation
on May 15, 2009, Justice Sinha passed a historic order specifically
directing, “Put up before a bench of which Hon'ble Mr. Justice
Ashok Kumar Ganguly is not a member. Keeping in view the fact that
the appellant intends to argue the matter in person and as he is
ordinarily a resident of USA, he has been waiting for hearing of
this case for the last three months, we are of the opinion that
a firm date should be fixed for hearing. The matter be placed before
an appropriate bench at the top of the list, irrespective of the
part-heard matters on 14th July, 2009”.

There are no checks and balances for the doctors in India. Despite
regular incidence of horrific deaths from reckless practice of medicine,
hardly any doctor is found guilty either by the corrupt "medical
council" or by the court of law. This case is significant for
more reason than one for bring change in the plummeting standard
of healthcare in India. My wife, Anuradha, died during a social
visit to India in 1998 from gross medical negligence by several
so-called “eminent” Kolkata doctors including Dr. Sukumar
Mukherjee, a close associate and personal physician of ex-India
captain Sourav Ganguly, and AMRI-Apollo Hospital in Kolkata. Apart
from the highest compensation claim in Indian medico-legal history
(Rs. 77 crore plus interest), this case also involves prosecution
of a doctor for “criminal negligence”. In fact, two
senior doctors including Dr. Mukherjee were found guilty under IPC
Section 304A and sentenced to three months of rigorous imprisonment
after the criminal trial in Kolkata in 2002.
However, a single judge in the Calcutta High Court
later overturned the judgment. The recent judgment of compensation
for Rs. 1 crore by the Apex Court has brought glimpse of hope for
the hitherto hapless victims of medical neglect in India. Two Supreme
Court employees were caught red-handed by the CBI while taking bribes
for listing of this historic case while I was on a “hunger
strike” in Delhi in February, 2009. This matter is still pending
before the CBI court.

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