The Single Bench of the Delhi High Court in the case of Lt. Col. SP Singh Retd. vs Union of India, Through Secretary & Ors. consisting of Justice Prathiba M. Singh held that in a writ petition, the question as to whether there was negligence, or not, cannot be gone into, inasmuch as the same would require ascertainment of various facts.
Facts
The petitioner filed this writ petition after his daughter died in 2017 at Respondent No.4 - Army Hospital Research & Referral, New Delhi ("AH R&R") under mysterious circumstances.
Contentions Made
Petitioner claimed his daughter was mistreated at AH R&R. He further contended that doctors/officers at AH R&R were negligent in the following protocol for 'Dangerous Ill List' patients and 'CODE BLUE' procedures. The AH R&R doctor's/officers' decisions were criticized further. The petitioner further claimed that a post-mortem examination was denied owing to lack of time, and the death certificate did not represent the patient's real cause of death. The petitioner wanted an impartial board of doctors to investigate the death of his daughter. He also wanted his daughter's medical records and medical negligence recompense.
Observations of the Court
The Bench perused the status report and noted that t two detailed Court of Inquiry proceedings have been held by the Army in respect of the Petitioner’s case. It opined that under such circumstances, the prayer for the constitution of an independent medical board, under AIIMS, or any other hospital, would not be required in this petition.
It further opined that in a writ petition, the subject of negligence cannot be raised because it would entail ascertaining numerous facts about the petitioner's daughter's treatment and medical condition. Thus, the Petitioner could seek legal remedies in the relevant jurisdiction. The petitioner can be given the whole record, as well as the statements and evidence recorded during the Court of Inquiry hearings, so he can seek compensation in line with the law.
Judgment
Accordingly, it was directed that Respondent Nos.1 to 4 shall supply the entire set of medical records relating to Ms. Purnima, to the Petitioner, by 31st January 2023. In addition, the entire record of the proceedings of the Court of Inquiry, including the statements, evidence, and exhibits placed on record, shall also be provided to the Petitioner, by 31st January 2023. The petition was dismissed accordingly.
Case: Lt. Col. SP Singh Retd. vs Union of India, Through Secretary & Ors.
Citation: W.P.(C) 6474/2022
Bench: Justice Prathiba M. Singh
Decided on: 6th December 2022
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