The Delhi High Court on Friday refused to stay an FIR against Jaideep Bansal, one of the six doctors of Rohini-based Saroj Hospital and Heart Institute, accused of causing the death of a child by “wrong diagnosis”.
Denying Bansal immediate relief, a vacation bench of Justice SN Aggarwal said: “I cannot intervene at this stage. The FIR has been filed. There are serious allegations against the petitioner. Let the police inquire and if they do not find anything against him, they will themselves file a closure report before the court concerned… I am bound by my conscience.” Bansal approached the High Court challenging the order of a Rohini court directing registration of an FIR against him. The HC has already refused any interim relief to other five doctors — PK Bharadwaj, Gereesh Manwani, Surbhi and Garg Kaushik and Ravin Sharma — and posted their plea for quashing the FIR for further hearing on June 16. Justice Aggarwal asked Delhi Police counsel OP Saxena to file a reply on Bansal's plea and fixed the matter for July 15 for further hearing.
The court also refused to instruct the police to give a three-day notice to Bansal before arresting him, so that he could approach a suitable court for securing anticipatory bail, a relief given to the other five doctors.
Bansal had already been punished by the Medical Council of India (MCI), which suspended him for a week while others were exonerated. Appearing for Bansal, lawyers Nitin Ahlawat and Rakesh Makhija said the magistrate’s order of lodging an FIR was passed almost two years after the incident just to harass the doctors.
Rakesh Sharma, father of Anirudh, was forced to knock the doors of the court after the police refused to file an FIR. According to Rajesh, his son was admitted to Saroj Hospital on August 25, 2005, after he complained of severe headache and nausea. After being treated in the ICU, Anirudh was diagnosed as suffering from “T B Meningitis” and was administered medicine for four days. When his condition deteriorated, the distraught father was asked to shift his child to a better hospital, forcing him to rush Anirudh to Sir Ganga Ram Hospital.
Doctors at Ganga Ram told Sharma that his son was suffering not from meningitis but brain haemorrhage and despite their best efforts, Anirudh died on September 5, 2005