The Bombay High Court on Wednesday instructed the Deputy Commissioner of Police (DCP) to oversee the investigation into the deaths of a 26-year-old woman and her newborn at the Sushma Swaraj Maternity Home in Bhandup West in April. The court stressed that the probe must be “fair and impartial”. The court also issued notices to J J Hospital and the National Medical Council (NMC) in response to a plea by the deceased woman’s husband, Khusruddin Ansari. Ansari had alleged negligence and misconduct by the civic hospitals, specifically citing the failure to provide medical records of the deceased within 72 hours of the request. Following the petitioner’s claims that the maternity home lacked electricity, adequate staff and beds, the court questioned the necessary conditions for operating a maternity home and the BMC’s role in granting permissions. “We believe that basic facilities are mandatory in every hospital,” the bench remarked. Senior advocate Gayatri Singh, representing the petitioner, stated that despite the deceased being found “pulseless”, she was transferred to the Lokmanya Tilak (Sion) Hospital at midnight, and the ambulance lacked essential facilities. Singh noted that the lift at Bhandup hospital was non-operational, necessitating the use of stairs, and the deceased was declared dead on arrival at Sion Hospital. The division bench, comprising Justices Revati Mohite-Dere and Prithviraj K Chavan, was hearing Ansari’s plea requesting a directive for the hospital to produce the deceased’s complete medical records, including those from admission on April 29, treatment, and transfer. Ansari also sought a thorough and time-bound police investigation. The petitioner’s family alleged that surgical procedures were conducted under mobile torchlight due to a power outage at the Bhandup hospital. The woman was subsequently transferred to the Lokmanya Tilak Hospital, Sion, where she was declared dead at 1.30 am on April 30. On Wednesday, the assistant police inspector (API) of the relevant police station informed the bench through their lawyer that over 36 statements had been recorded and that the investigation was ongoing. The lawyer noted that once JJ Hospital, tasked with investigating the negligence allegations, submits its report, police will address those findings. The court expressed concern that the investigating officers might be prejudicing the case and emphasised the need for a “fair and impartial” investigation. Consequently, the DCP was appointed to supervise the investigation. The court also inquired about the availability of ambulances at the Bhandup hospital and noted the delay in transferring the woman to Sion Hospital. Singh cited the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, which mandate that hospitals provide medical records to patients or their kin. She argued that the failure to provide these records constituted a breach of regulations and misconduct, with no action taken against the officials responsible. The court permitted the petitioner to amend the plea to include JJ Hospital and NMC as respondents and issued notices to them. The next hearing is scheduled for August 28. The bench directed that the API of the Bhandup police station continue the inquiry under the supervision of the DCP of Zone VII.
