Excelsior Correspondent
JAMMU, Sept 13: In a petition filed by father of a youth who allegedly died due to the negligence of the doctors, High Court today issued notice to Minister of State for Health and others.
In a petition filed by one Mohd Shabir, who lost his young son because of the alleged negligence of doctors, it has been mentioned that investigation of the case should be entrusted to independent agency as the police is not investigating the case because of interference of MoS Health Shabir Ahmed Khan, who happens to be real brother of one of the accused doctor namely Dr Mohd Bashir Khan.
Advocate K L Pandita appearing for the petitioner submitted that magisterial enquiry conducted in to the incident has held that the youth died because of negligence of the doctors but no action was taken against the erring doctors due to the pressure from the MoS Health.
On this, Justice Virender Singh issued notice to MoS Health, Director Health Services, SSP Rajouri and others. The High 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, those statements shall also be attached with the affidavit, the High Court further directed.
District Magistrate Rajouri was directed to apprise the High Court by his personal affidavit as to on which date, conclusion of the Magisterial Enquiry was forwarded by him to Director Health and whether he has received any information with regard to any departmental action against the doctors concerned. District Magistrate was further directed to 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.
Even the Director Health Services was directed 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.