Bombay High Court Quashes Criminal Proceedings Against Medical Officers in Negligence Case
Court rules prior sanction under Section 197 CrPC mandatory for prosecuting government servants, including medical officers, in the discharge of official duties.
In a significant judgment, the Bombay High Court's Aurangabad Bench quashed criminal proceedings against two medical officers accused of medical negligence resulting in the death of a patient. The judgment, delivered by Justices Smt. Vibha Kankanwadi and Sanjay A. Deshmukh, emphasized the mandatory requirement of prior sanction under Section 197 of the Code of Criminal Procedure for prosecuting government servants when the alleged act is reasonably connected to their official duties.
The case involved Durreshhewar Ghulam Jilani, also known as Dr. Samreen, and Dr. Rohini Shelke, who were serving at the Civil Hospital, Parbhani. The two were accused in connection with the death of Kajal Nitin Dhapse, a patient who reportedly died due to alleged negligence following a caesarean operation. The informant claimed the medical staff failed to attend to the patient's deteriorating condition adequately, leading to her death.
The High Court, while analyzing the case, noted the absence of prior sanction under Section 197 CrPC, which rendered the cognizance taken by the Magistrate illegal. The Court observed that the statutory protection granted under Section 197 CrPC is essential to ensure government servants can perform their duties without fear of malicious prosecution. The judgment underscored the necessity for sanction before prosecuting acts directly connected to the discharge of official duties.
The Court referred to precedents, including the Supreme Court's decisions in Jacob Mathew v. State of Punjab and others, which established that criminal liability for medical negligence requires gross negligence or recklessness beyond mere carelessness. The judgment reiterated that medical negligence leading to civil liability does not automatically entail criminal liability unless it meets the threshold of gross negligence.
Moreover, the Court exercised its powers under Section 482 of the Code of Criminal Procedure to quash the proceedings, highlighting the potential abuse of process of law if the trial continued without the requisite sanction. The Court's decision aligns with legal principles safeguarding public servants from unwarranted litigation, ensuring they can discharge their duties effectively.
The ruling serves as a reminder of the legal framework governing the prosecution of government servants and reinforces the importance of obtaining necessary sanctions before proceeding with criminal charges. It further elucidates the balance between holding public servants accountable and protecting them from undue legal harassment.
Bottom Line:
Medical negligence - Quashing of criminal proceedings - Prior sanction under Section 197 of the Code of Criminal Procedure is mandatory for prosecution of government servants, including medical officers, when the alleged act is directly connected to their official duties.
Statutory provision(s): Section 304-A IPC, Section 34 IPC, Section 197 CrPC, Section 482 CrPC
