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.

Dr. Saha in Columbus, Ohio

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