Court hauls up po­lice for weak FIR against hos­pi­tal

The Times of India (New Delhi edition) - - Times City - Aamir.Khan2 @times­group.com

New Delhi: A Delhi court has di­rected the po­lice of­fi­cer in­ves­ti­gat­ing the al­leged case of neg­li­gence in­volv­ing a new­born against For­tis Hos­pi­tal to ap­pear in court and ex­plain why an FIR un­der ap­pro­pri­ate sec­tions was not reg­is­tered .

The case per­tains to griev­ous in­jury caused to a new­born al­legedly dur­ing his birth that left him with an ir­re­versible men­tal and phys­i­cal dis­abil­ity. The court had or­dered fil­ing of FIR based on the plea of the mother, but she al­leged that the po­lice "de­lib­er­ately left out the names of the ac­cused" and did not reg­is­ter a strong FIR .

"The coun­sel sub­mits that the po­lice have de­lib­er­ately left out names of the ac­cused per­sons, and the FIR has not been filed un­der ap­pro­pri­ate sec­tions," said met­ro­pol­i­tan mag­is­trate Viren­der Singh.

The court had on September 27 or­dered an FIR against For­tis Hos­pi­tal and its man­age­ment. The com­plainant, how­ever, al­leged that in­stead of nam­ing the rel­e­vant peo­ple in the FIR, the po­lice named only five ac­cused—all erst­while di­rec­tors of the man­age­ment.

The com­plaint, through ad­vo­cate Sachin Jain, claimed that the doc­tors caused griev­ous in­jury to the brain of De­varsh dur­ing birth. She al­leged that the fact of the in­jury was con­cealed by the hos­pi­tal and sought reg­is­tra­tion of FIR un­der Sec­tions 201(caus­ing dis­ap­pear­ance of ev­i­dence of of­fence, or giv­ing false in­for­ma­tion to screen of­fender), 406 (crim­i­nal breach of trust), 420 (cheat­ing), 120-B (crim­i­nal con­spir­acy), 338 (caus­ing griev­ous hurt by act en­dan­ger­ing life or per­sonal 325 (vol­un­tar­ily caus­ing griev­ous hurt), 308 (at­tempt to com­mit cul­pa­ble homi­cide) and 193 (false ev­i­dence) against the hos­pi­tal, its di­rec­tors and the doc­tors who per­formed the op­er­a­tion.

The child was born on Au­gust 12, 2017 at For­tis Hos­pi­tal. "The child suf­fered a brain in­jury at the time of de­liv­ery due to the crim­i­nal neg­li­gence and fail­ure to ex­er­cise rea­son­able and proper care to guard against the in­jury," the com­plaint added. The mother al­leged that the doc­tors failed to per­form a sin­gle brain screen­ing be­fore pro­vid­ing the "false neu­ro­log­i­cal fit­ness cer­tifi­cate" .

Ask­ing for the pres­ence of the in­ves­ti­gat­ing of­fi­cer, judge Singh or­dered, “Is­sue no­tice [sic] to IO to ap­pear in per­son with re­ply against above­said ap­pli­ca­tion and sta­tus re­port of investigat­ion on Novem­ber 6, 2019."

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