Payal Tadvi case: Ex-HOD challenges accusation; mother seeks her custody

Payal’s death made headlines across the country, fuelling protests and conversations around caste-based harassment in universities. The case took a turn recently, when the special trial court on February 28 allowed a plea moved by the prosecution to implead Dr Ling as an accused and allow charges to be framed against her

MUMBAI: Noted city gynaecologist Dr Ching Ling Yi has moved the Bombay High Court, challenging her recent addition as an accused in the high-profile Payal Tadvi suicide case, even as Payal’s mother has moved a plea before the Sessions Court, seeking directions that Dr Ling be taken into custody.

Mumbai, India - August 9, 2019: Dr. Payal Tadvi, a 26-year-old PG medical student at BYL Nair Hospital, commits suicide in her hostel room. HT Photo

Dr Ling, currently with the Seth Gordhandas Sunderdas Medical College (GSMC) attached to the civic-run KEM Hospital in Mumbai, was Payal’s head of department when the 26-year-old died by suicide allegedly due to caste-based harassment on May 22, 2019. Payal was a second-year resident doctor pursuing a post-graduate degree at the Topiwala National Medical College attached to the BYL Nair Hospital in Mumbai, when she died by suicide in the college hostel. Three senior resident doctors were arrested in the case and later released on bail.

Payal’s death made headlines across the country, fuelling protests and conversations around caste-based harassment in universities. The case took a turn recently, when the special trial court on February 28 allowed a plea moved by the prosecution to implead Dr Ling as an accused and allow charges to be framed against her.

The prosecution argued that Dr Ling had failed to act on multiple complaints of harassment from Payal and her family, thereby allowing the harassment to continue unchecked. It had relied on statements in the chargesheet and a report submitted by the Anti-Ragging Committee. The committee had held Dr Ling complicit in Payal’s death for her failure to act on the complaints.

The plea to implead Dr Ling was moved on November 13, 2024, under Section 313 of the Criminal Procedure Code (CrPc), which allows courts to prosecute additional individuals if evidence suggests their involvement in a crime.

However, in her petition moved before the high court on Tuesday, Dr Ling claims the trial court’s decision to add her as an accused is legally untenable as no evidence has been recorded against her. Her advocate Ashish Chavan has invoked Section 319 of the CrPC, which states that only an individual against whom “evidence” is recorded either in the course of an “inquiry” or “trial” can be proceeded against.

The petition reiterates the views expressed by a constitution bench of the Supreme Court and benches of various high courts, which state that a trial court is not justified in relying upon material contained in a chargesheet in the nature of statements of witnesses, and other documents which do not constitute “evidence” as contemplated by Section 319 of the CrPC.

Meanwhile, Payal’s mother Abeda Tadvi has moved the Sessions Court, seeking directions on custody for Dr Ling under provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Her plea observed that as per the court order, there is prima-facie material on record against the newly added accused.

Dr Ling has also sought an exemption from appearing before the special court trying the case, citing health grounds. The court, while adding her as an accused, had also issued a summons against Dr Ling, directing her to remain present before the court on March 25.