Anuradha
Saha Wrongful Death Case:
Final Verdict Is Expected Any Day
The final argument in the historic legal battle by Ohio-based NRI
doctor and AIDS specialist Dr. Kunal Saha seeking justice for the
wrongful death of his wife, Anuradha, has ended at the Supreme Court
of India on July 21, 2009. The Apex Court is expected to deliver
the final judgment on both the "civil" and "criminal"
cases any day now.

Anuradha, a young child psychologist died from a drug
allergy as a result of alleged gross medical negligence by several
"eminent" Indian doctors (Sukumar Mukherjee, Abani Roychowdhury
and Baidyanath Halder) during a social visit to their native city
of Kolkata in 1998. Dr. Saha has raised a seemingly impossible legal
battle in India over the past more than 11 years. Two doctors (Mukherjee
and Halder) were found guilty for "criminal negligence"
and sentenced to rigorous imprisonment by a trial court in Kolkata
in 2002. However, a single-judge bench of the Kolkata High Court
overturned the conviction in 2004 against which Dr. Saha had moved
the Apex Court and had his special leave petition (SLP) admitted
in 2005. Over the past 4 years of intense legal wrangles between
India and USA, Dr. Saha has caused history by staging a "hunger
strike" and recently having 2 Supreme Court employees arrested
by the CBI for taking bribe. Along with this unprecedented "criminal"
case, Dr. Saha has also filed a civil case seeking highest-ever
compensation in Indian medico-legal history (Rs. 77 crore). However,
Dr. Saha has given sworn affidavit that if and when he wins this
compensation, the entire money would be spent in India for promotion
of health and to stop medical negligence in India. In a rare incidence
in Supreme Court's history, Dr. Saha has appeared himself "in
person" to present the final argument before the Division Bench
of Hon'ble Justices Mr. S.B. Sinha and Mr. Deepak Verma between
July 14 and July 21, 2009. Dr. Saha has also established "People
for Better Treatment" (PBT), a humanitarian society dedicated
to help the victims of medical negligence in India (WWW.PBTINDIA.COM).
Citizens of India and many NRIs are
eagerly waiting for the final verdict in this historic legal battle
which may have far-reaching consequences on the practice of medicine
in India.
Anuradha
Death Case Hearing Over: Judgment Reserved
New Delhi, July 23, 2009
Surinder Singh
After almost 12 years of grueling legal battle for
justice, the final hearing in the Anuradha Saha death case has ended
in the Supreme Court on July 21, 2009.
While several well-known senior advocates appeared on behalf of
the five accused doctors ( medicine specialists Dr. Sukumar Mukherjee
and Dr. Abani Roychowdhury, Dermatologist Dr. Baidyanath Halder,
AMRI physician Dr. Balaram Prasad and plastic surgeon Dr. Kausik
Nandy) and the Advanced Medicare Research Institue (AMRI) in Kolkata,
Anuradha's husband and PBT president, Dr. Kunal Saha personally
appeared to argue this case.
The final argument went over almost five full days. The division
bench of Hon'ble Justices Mr. S.B. Sinha and Mr. Deepak Verma have
heard the arguments from both sides over almost five days, a rare
sernario in the Apex Court. The judgment
is reserved.
Entire country is waiting with bated breath for the final verdict
in this historic case for "medical negligence".

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