Excelsior Correspondent
Srinagar, Jan 21: High Court today issued notice to the Government in the plea challenging the inquiry into scribe’s death in 2020.
Justice M Akram Chowdhary issued notice to Commissioner / Secretary to Government, Health and Medical Education Department, Director, Health Services Kashmir, Deputy Director, Health Services Kashmir and head of the Expert Committee, Health and Medical Education Department, Srinagar and sought reply to the contention raised in the plea by next date of hearing.
The brother of deceased journalist Mudasir Ali, who was working in Greater Kashmir approached the High Court through his counsel Soleh Peerzada that his brother had died due to medical negligence in Sub-District Hospital.
Petitioner challenges the Enquiry Report issued by Expert Committee on the death of the deceased journalist. The committee was constituted to enquire into the allegations of death by medical negligence of the journalist at Sub-District Hospital Chrar-i-Sharief.
The enquiry report stands furnished by respondent-committee to Director Health Services Kashmir on 22.12.2020. It has been submitted by the advocate Pirzada that the enquiry report is against the judicially evolved guidelines in the matters of medical negligence, therefore liable to be set aside.
Pursuant to the constitution of the committee vide order dated 26.11.2020, an inquiry was conducted which revealed several lapses on behalf of the doctors and the medical staff present at SDH, Chrar-i-sharief on the day of the incident.
The delinquent doctor, it is submitted in the plea, admitted to the committee that wheelchair to the deceased was not provided. The committee while seeking more time for conclusion of the enquiry, found that neither the resuscitative measures, ECG, IV therapy etc. were done in the Emergency area nor was cardiac monitoring done during the transit to SMHS Hospital.
The Deputy Health Services Kashmir in his capacity as Enquiry Officer, while mentioning the allegations of the sub-District Hospital being understaffed, non-availability of wheelchair/stretcher and lack of supervision, sought information regarding the allegation of said medical negligence from Block Medical Officer, Chrar-i-sharief.
Court has been apprised that the respondent committee was entrusted with the responsibility of enquiring into the allegations of medical negligence committed by the on duty doctor and the medical staff at SDH, Chrar-i-sharief, however, the committee in the final report although has recommended attachment of the delinquent doctor and well as the other staff to directorate of Health Services.
It has also been added that the said Committee has remained silent on the charge of medical negligence and the purpose of constitution of the committee was only to enquire if the on duty doctor along with the medical staff was negligent in the death of journalist-Ali.
“The committee has derelicted in its duty of such enquiry, as it on one hand has directed attachment of the delinquents while on the other hand has deliberately omitted the concluding findings on medical negligence. Therefore the impugned committee report being devoid of the findings and contrary to the purpose of its creation is illegal and liable to be quashed”, Advocate Peerzada submitted.
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