Court hauls up police for weak FIR against hospital
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."