Payal suicide: HC seeks to know if right to education of 3 senior docs be protected
Observing that it cannot take away a person’s right to education even if s/he faces serious charges, the Bombay High Court on Thursday ordered the BYL Nair Hospital to file a reply spelling out its stand on whether to allow three of its senior doctors to proceed with their further studies. The trio are accused of abetting the suicide of their junior Dr Payal Tadvi.
The three senior doctors – Ankita Khandelwal, Hema Ahuja and Bhakti Mehare – are also booked under charges of ragging. The trio has approached the bench of
Justice Sadhana Jadhav seeking to relax the conditions, she had imposed last year while granting them bail.
In their plea before Justice Jadhav, the trio has sought permission to enter the Nair Hospital so that they can pursue their post-graduation studies.
Senior advocate Abad Ponda, appearing for the three doctors urged the court to protect the right to complete their post-graduation, of his clients. However, senior counsel Raja Thakre appearing as special prosecutor opposed the request arguing that the court will have to consider that all the witnesses in the case are working in the same college. “They all would be working together and therefore, the remotest possibility of tampering of witnesses shall be ruled out,” Thakre submitted. Having heard the submissions, Justice Jadhav said that while the court was aware of the ‘seriousness’ of the case, it would also not be correct to stop someone’s education. “This court is aware of the fact that the victim has lost her life and also her right to education, but at the same time we just cannot stop these accused persons from pursuing their further education,” Justice Jadhav observed.
During the course of the hearing, Justice Jadhav sought an answer from the counsels if it would be correct for the accused persons to go back to the same college for their education. “This court thinks that no one would be welcoming them (accused doctors) with open arms, given the social impact of this case. We do not want them to face the wrath as they may face some sort of reaction from the hospital’s staff,” Justice Jadhav observed, adding that the trio ‘lacked sensitivity’ which has led their junior Dr Tadvi, committing suicide.
At this, advocate Ponda suggested the court to pass orders for transferring the trio from Gynaecology department to some other unit so that the apprehension of the prosecution that witnesses can be influenced, can be dealt.
Accordingly, Justice Jadhav ordered the Head of the Department of Gynaecology, to appear before the court on Friday afternoon and spell out if the three doctors can be transferred to some other department for completing their studies.