MUMBAI: Police investigating Dr Payal Tadvi suicide case say that BYL Nair hospital gynaecology department head and others may face “disciplinary action” for offence under the anti-ragging law. Special public prosecutor Raja Thakare made this submission after justice Sadhana Jadhav rained questions about the probe into the abetment to suicide case registered against three doctors senior to Dr Tadvi.
The HC also asked why had the prosecution not yet recorded the statements of key witnesses before a magistrate, on oath. Thakare said that all the steps would be taken now to record statements of six doctors who are witnesses at the ëarliest’’
The HC directed that the chief metropolitan magistrate must take expeditious steps to ensure statements are recorded by a magistrate.
Hema Ahuja, Ankita Khandelwal, and Bhakti Mehre, the three accused have been in judicial custody for over two months. Police had filed the chargesheet against the trio for offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and section 306 of Indian Penal Code.
After Tadvi ended her life on May 22, her family alleged that the doctors taunted and hurled casteist abuses at her as she belonged to a scheduled tribe.
The HC Judge wanted to know what action the police intended to take against head of Gynaecology department at BYL Nair hospital, Dr Yi Ching Ling for allegedly not considering harassment complaints made by Dr Salman Tadvi and later Payal’s mother Abeda Tadvi.
The HC order recorded Thakare as saying, “Investigating officer was prima facie of the opinion that the responsible doctors would be liable for offence under section 7 of the Maharashtra Prohibition of Ragging Act, 1999 regarding the conduct of Dr. Ching Ling not considering the complaint made by Abeda Tadavi and Salman Tadavi as well as colleague doctors of deceased Ms. Tadavi.’’ But at 6pm Thakare sought a modification in the order and substitution in the submission to say that, “Thakare also submits that the officer was prima facie of the opinion that the responsible doctors would be liable for disciplinary action, regarding the conduct of Dr. Ching Ling not considering the complaint made by Tadvi, since it was pointed out that there was no written compliant under the Act.’’
The judge carried out the “corrections’’ observing that “In any case, it is a submission of SPP and may be considered in its own perspective.’’
The HC made it clear that it had only made query as to whether Dr. Ching Ling has been held responsible for the offence under the Ragging Act. In her order, the judge said "She has not given any direction, but has sought the opinion of the investigating agency.’’ Thakare said “Recommendation letter for departmental enquiry of Dr Ching Ling was also prepared by the IO but not yet submitted to the civic chief." Nair hospital is a civic run hospital.
The HC is hearing an appeal filed by the three doctors against rejection of the bail plea last month by a special trial court in Mumbai. The HC hearing is being videographed as mandated by the SC/ST Act on a plea made by Dr Tadvi’s family lawyer Gunratan Sadavarte.
When the accused trio’s counsel Aabad Ponda argued that they be released on bail having already spent over 70 days in custody. Ponda submitted that they were “not responsible’’ for what happened but were “deeply sorry’’ and have regret for the tragedy. He argued that “this is not equal to murder.’’
The prosecutor made a plea for in-camera hearing, it was supported by the defence, but opposed by Sadavarte.
The next appeal hearing is on August 9.
But justice Jadhav said she would like to hear the state advocate general Ashutosh Kumbhakoni on the issue of videography of the proceedings under the SC/ST Act on the next date. Last month justice Dama Naidu had passed orders for videography even in the appeal hearing, as provided for under the special Act.
The HC also asked why had the prosecution not yet recorded the statements of key witnesses before a magistrate, on oath. Thakare said that all the steps would be taken now to record statements of six doctors who are witnesses at the ëarliest’’
The HC directed that the chief metropolitan magistrate must take expeditious steps to ensure statements are recorded by a magistrate.
Hema Ahuja, Ankita Khandelwal, and Bhakti Mehre, the three accused have been in judicial custody for over two months. Police had filed the chargesheet against the trio for offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and section 306 of Indian Penal Code.
After Tadvi ended her life on May 22, her family alleged that the doctors taunted and hurled casteist abuses at her as she belonged to a scheduled tribe.
The HC Judge wanted to know what action the police intended to take against head of Gynaecology department at BYL Nair hospital, Dr Yi Ching Ling for allegedly not considering harassment complaints made by Dr Salman Tadvi and later Payal’s mother Abeda Tadvi.
The HC order recorded Thakare as saying, “Investigating officer was prima facie of the opinion that the responsible doctors would be liable for offence under section 7 of the Maharashtra Prohibition of Ragging Act, 1999 regarding the conduct of Dr. Ching Ling not considering the complaint made by Abeda Tadavi and Salman Tadavi as well as colleague doctors of deceased Ms. Tadavi.’’ But at 6pm Thakare sought a modification in the order and substitution in the submission to say that, “Thakare also submits that the officer was prima facie of the opinion that the responsible doctors would be liable for disciplinary action, regarding the conduct of Dr. Ching Ling not considering the complaint made by Tadvi, since it was pointed out that there was no written compliant under the Act.’’
The judge carried out the “corrections’’ observing that “In any case, it is a submission of SPP and may be considered in its own perspective.’’
The HC made it clear that it had only made query as to whether Dr. Ching Ling has been held responsible for the offence under the Ragging Act. In her order, the judge said "She has not given any direction, but has sought the opinion of the investigating agency.’’ Thakare said “Recommendation letter for departmental enquiry of Dr Ching Ling was also prepared by the IO but not yet submitted to the civic chief." Nair hospital is a civic run hospital.
The HC is hearing an appeal filed by the three doctors against rejection of the bail plea last month by a special trial court in Mumbai. The HC hearing is being videographed as mandated by the SC/ST Act on a plea made by Dr Tadvi’s family lawyer Gunratan Sadavarte.
When the accused trio’s counsel Aabad Ponda argued that they be released on bail having already spent over 70 days in custody. Ponda submitted that they were “not responsible’’ for what happened but were “deeply sorry’’ and have regret for the tragedy. He argued that “this is not equal to murder.’’
The prosecutor made a plea for in-camera hearing, it was supported by the defence, but opposed by Sadavarte.
The next appeal hearing is on August 9.
But justice Jadhav said she would like to hear the state advocate general Ashutosh Kumbhakoni on the issue of videography of the proceedings under the SC/ST Act on the next date. Last month justice Dama Naidu had passed orders for videography even in the appeal hearing, as provided for under the special Act.
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