THE BOMBAY HC Thursday said a “practical, workable solution” must be thought over by all parties while deciding on the application filed by three doctors, accused of abetting the suicide of their junior Dr Payal Tadvi at BYL Nair Hospital, seeking to return to studying in the same institute.
While the court said that it was inclined to grant a relaxation sought by the accused doctors to allow them to continue their postgraduate courses, lawyer Nihal Singh Rathod, appearing for Tadvi’s mother Abeda in the case, said sending the students to the same institute could lead to the possibility of them tampering with the witnesses.
“The accused should not be in a position to influence the witnesses. All witnesses in the case happen to be part of the college. Many of them are subordinate to the accused. The three are accused on charges including ragging. Their very presence along with the witnesses in the same institute is like keeping the wolf and the sheep in the same wagon,” said Rathod.
Justice Sadhana Jadhav said that she could not take away the fundamental right of the three accused — Hema Ahuja, Bhakti Mehare and Anikta Khandelwal — to appear before the Maharashtra Medical Council of India, which is carrying out a separate inquiry in the matter. She added that she wanted to ensure that there is an inquiry by the Council. In August last year, the court had suspended their medical licenses till the end of the trial and disallowed them from entering the jurisdiction of Agripada police station, particularly Topiwala National Medical College (Nair Hospital), where the alleged incident took place.
Special public prosecutor Raja Thakare suggested that the three can be allowed to continue their postgraduate course at two other civic hospitals in the city – KEM and Sion. The counsel for the Medical Council of India, Ganesh Gole, however, submitted to the court that in postgraduate courses, medical students are not allowed to be transferred to other institutes.
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