The Supreme Court today fixed March 3 for arguments to decide whether West Bengal Medical Council (WBMC) president Dr Ashok Chowdhury was ‘‘biased’’ in acquitting one of Kolkata’s top doctors, Dr Sukumar Mukherjee, of medical negligence. The petitioner, US-based doctor Kunal Saha has pressed for Rs 77.77 crore medical compensation, the highest ever claimed in Indian medical jurisprudence.
Saha has alleged that negligence of Dr Mukherjee and Dr Baidyanath Haldar led to the death of his wife, Anuradha, in 1998.
A bench of CJI Y K Sabharwal and Justices C K Tahakker and R.V. Raveendran heard the arguments of Avik Datta, counsel for the petitioner, Dr Kunal Saha.
The WBMC was investigating ‘‘my client’s complaint of reckless therapy against Dr Mukherjee as per the provisions in the Indian Medical Council Act,’’ Datta said. “All pleadings in the case were over by August, 2004. But the final judgement never came.”
The charge against Dr Chowdhury and the WBMC is that they shielded Dr Mukherjee. ‘‘I have laid a specific complaint of bias against me and in favour of Mukherjee,’’ Dr Saha said over phone.
Dr Saha has claimed the compensation, calculated on the basis of the earnings his wife would have made had she been alive over the years between her death and retirement.
Saha said Dr Mukherjee and Dr Haldar had been convicted by the Alipur trial court and that the Calcutta HC had quashed the charges against them on appeal. An appeal against this acquittal was also pending in the SC, he said.