Supreme Court of India · 2016-11-29
ASOKE KUMAR CHAUDHURI vs KUNAL SAHA
- Citation / case number
- SC 2013/27024
- Court
- Supreme Court of India
- Petitioner
- ASOKE KUMAR CHAUDHURI
- Respondent
- KUNAL SAHA
- Author
- ABHAY MANOHAR SAPRE A.K. SIKRI
- Bench
- ABHAY MANOHAR SAPRE A.K. SIKRI
Judgment text excerpt
The Supreme Court addressed the issue of negligence by medical practitioners under Section 201 and Section 120B IPC, holding that the Inquiry Committee's exoneration of the doctors was flawed given the evidence of negligence established in prior judgments, specifically referencing 'Molay Kumar Ganguly v. Sukumar Mukherjee' [2009 (9) SCC 221]. The Court ruled that the members of the Inquiry Committee could be held liable for their actions, thereby allowing the criminal complaint to proceed against them. The outcome was a reaffirmation of the accountability of medical professionals and their regulatory bodies in cases of negligence.