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| HC issues notice to MoS Health & ors | | Death due to Doctors negligence | | early times report
Jammu, Sept 13 (JNF): In a petition filed by father of deceased who died due to the alleged negligence of doctors, Justice Virender Singh of State High Court Jammu after hearing Adv KL Pandita appearing for the petitioner issued notices Minister of State for Health & others.
In a petition filed by one Mohd Shabir who lost his young son age 17 years because of the alleged negligence of doctors seeks transfer of the case FIR No 297/2013 dated June 10, 2013 registered at police station Rajouri to the some other independent investigating agency for the reason that the present police is not investigating the case at all because of interference of MoS Health Shabir Ahmed Khan who happens to be real brother of one of the Dr. Mohd Bashir Khan.
The grievances projected herein is that even District Magistrate Rajouri has also not taken cognizance of certain representations moved by the petitioner immediately after the death of his son. The counsel submitted that a Magisterial enquiry was conducted vis-a-vis the death of his son, in which it is held that the death of son of the petitioner has taken place because of negligence of the doctors and thereafter the matter was forwarded to the Director Health Services for taking appropriate action but to no effect as Director Health Services is sitting over the matter on the asking of MoS Health.
The apprehension of the petitioner is that since the investigation of the present case on all counts is moving at sanil's pace, it might culminate in discharge of the accused, which would cuase great prejudice to the petitioner, who lost is young son of tender age on account of gross negligence of the doctors and spurious medicines administered to him during and after operation.
Justice Virender Singh after hearing Adv KL Pandita issued notice to MoS Health, Director Health Services, SSP Rajouri and others.
Court further directed the SSP Rajouri to file his personal affidavit vis-à-vis the latest status of the investigating carried out in FIR NO 297/2013. In case the prosecution agency has recorded statement of any of the witnesses during the investigation, needless to say those statements shall also be attached with the affidavit.
Court further directed District Magistrate Rajouri to apprise the court by his personal affidavit as to on which date, conclusion of the Magisterial Enquiry was forwarded by him to Director Health & Medical Dept and whether he has received any information with regard to any departmental action against the doctors concerned. District Magistrate shall also make his stance clear as to what action has been taken by him on the representation of the petitioner moved before him in the Month of May, 2013.
Court also directed Director Health Services to file his personal affidavit making his position clear vis-à-vis departmental enquiry if any, initiated against the erring doctors and outcome thereof, if any, till date.
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