About writ petition in high court
Ram Kulkarni
(Querist) 25 September 2015
This query is : Resolved
I have been soon charge sheeted for minor clerical and technical mistakes under Medical termination of pregnancy law.The raid on my hospital was done by Tahsildar from revenue department.The collector has ordered the raid which was unethical and not as per code of conduct.The collector,tahsildar has no powers of raid any hospital under MTP Law.There are no charges of illegal abortion/female feticide or any complication in abortion. Can I go to High court for writ petition and under which articals?
SAINATH DEVALLA
(Expert) 25 September 2015
The right to file a writ petition in a high court is found in Articles 225 and 226 of the Constitution of India. A writ petition can be filed in a High Court for any violation of a Fundamental Right or violation of a Constitutional Right by a public authority or any other person. However the remedy under a writ will be granted only if no other alternate remedies exist. Lower courts do not have the jurisdiction to hear writ petitions.
Ram Kulkarni
(Querist) 25 September 2015
As the FIR has been filled by civil surgeon but on the basis of raid by revenue department which is bad in laws,what will be remedy for case. Quashing FIR OR Writ petition in High court Or go through all court proceedings?
SAINATH DEVALLA
(Expert) 25 September 2015
The collector as District first class magistrate has a right to order inquiry into any irregularities committed in a govt hospital and he must have done it on the complaint by UR superiors. What do the hospital records say about the illegal abortion?
Quashing or WP depend on the preliminary inquiry report submitted to the collector.
R.K Nanda
(Expert) 25 September 2015
yes, u can file writ in HC.
Ram Kulkarni
(Querist) 25 September 2015
The collector has not any rights in MTP law as per my knowledge,after reading books and asking RTI queries.The Health ministry of Delhi also have given reply in RTI application that collector has no role in MTP law.He can not make order to tahsildar to raid the premises.No patient has come forward to complaint against me. No illegal MTP and no case under PCPNDT Law
Ram Kulkarni
(Querist) 25 September 2015
Resp.nanda Sir ,plz guide me on which artical should I file writ?
SAINATH DEVALLA
(Expert) 25 September 2015
FIR against doc for illegal abortion
times of india Aug 1, 2015, 03.24 AM IST
FIR against doc for illegal abort
JAIPUR: An FIR has been registered against a lady doctor for allegedly carrying out illegal abortions at her private clinic in Hanumangarh. The medial and health department's PCPNDT Cell will investigate the case lodged against her. As per the allegations against the doctor, she carried out abortions despite the fact that her clinic was not authorized for the same.
According to medical and health department officials, the doctor Shalu Taneja is deputed at Pilibanga community health center in Hanumangarh. Her husband is a block CMHO. The PCPNDT Cell's control room received a complaint under the Informer's Scheme about her being involved in carrying out illegal abortions at her private clinic.
A team of local health department officials raided the clinic on July 8. It was found that the doctor had allegedly carried out abortion of a woman three months into her pregnancy. The doctor allegedly couldn't produce any certificate to show that she was authorized to carry out abortions at her clinic.
An FIR has been registered against the doctor under the Medical Termination Of Pregnancy Act, 1971. Further investigation is going on.
SAINATH DEVALLA
(Expert) 25 September 2015
Times of India
Govt doctor sends patient to illegal abortion centre, held
Patient|Illegal Abortion Centre|Govt Doctor
AURANGABAD: Medical superintendent of Kaij in Beed district who had conducted his own sting operation two months ago to expose another government medical officer indulging in illegal abortions at his private nursing home, has been arrested by the police on Sunday evening for abetting the crime.
Ashok Thorat, medical superintendent of sub-district hospital, Kaij, on whose complaint medical officer Chandrakant Lamture was arrested, was booked under various sections of the Indian Penal Code (IPC) for helping Lamture conduct illegal abortions, said police inspector Dinkar Dambale of Kaij police on Monday.
"Thorat had sent a patient to Akshada women and children's hospital, Kaij, owned by Lamture apparently to fix him. Lamture was not on good terms with Thorat,'' Dambale said. Thorat was arrested and produced before the court of judicial magistrate Class I on Sunday, who remanded him in judicial custody till December 21.
``Instead of performing the medical termination of pregnancy (MTP) at the government hospital at Kaij or referring the patient to other government hospital for MTP, Thorat insisted that she go to Lamture's hospital, and subsequently conducted the sting operation on the hospital and lodged a complaint with the police," said Dambale.
Lamture was allegedly caught performing the illegal abortion in a sting operation on September 30. He was arrested and booked under Indian Penal Code (IPC) Sections 312 (causing miscarriage), 315 (act done with intent to prevent child being born alive or to cause it to die after birth), 316 (causing death of quick unborn child by act amount to culpable homicide) and Sections 3 and 4 of the Medical Termination of Pregnancy (MTP) Act 1971 for performing MTP without license and without taking medical advice, said Dambale.
However, inspector Dambale said investigations into this case revealed that Thorat did not have authority to conduct such a sting operation and was found to have advised the woman to go to Lamture for an MTP, instead of the government hospital or referring her to another government hospital.
The woman identified as Asha Bavsar was 18 to 20 weeks pregnant. ``Since she was more than 12 weeks into pregnancy she had referred to the Ambajogai medical college and hospital for advise of two experts to know whether the abortion could be conducted,'' Thorat had told TOI. However, she again approached the sub-district hospital at Keij on September 28 and said that she wanted the abortion to be done in Kaij.
Thorat kept track of her movements and communicated to the Beed civil surgeon Gauri Rathod and superintendent of police about the illegal abortion. A team comprising two medical officers and policemen raided the hospital and found that Lamture had already performed the abortion and was in the process of removing the evidence from the spot, Thorat had added.
Meanwhile, Beed civic surgeon Gauri Rathod told TOI that she had appointed a committee to enquire into the case. The committee comprising Beed resident medical officer (RMO) Ramchandra S Giri, V L Jadhav and Prashant Badgire, submitted a report to the civil surgeon. It had recorded the statements of the patient as well as both Thorat and Lamture and others. The committee found that Thorat had overstepped his powers, said Rathod.
There is no provision in government service regarding sting operation. She said, "We inquired into the role of Thorat on three issues - whether he violated provisions of PCPNDT Act or the MTP Act related to the health department and the IPC. We found that he has not violated the PCPNDT Act or the MTP Act and as for the violation of the IPC, it was up to the police to decide. As for the role of Lamture, though he was qualified, his hospital didn't have permission to perform MTPs.'
Ram Kulkarni
(Querist) 25 September 2015
In my case the there is no illegal abortion as I am having registered M.T.P. center and registered hospital since 25 years.There is no case under PCPNDT. What you have quoted is of illegal abortion for sex determination.I was not caught by any govt.official and as I have reported all the cases of MTP to government and it was my fault that I have reported every thing,and it came in picture that the number of cases are more in my hospital.
SAINATH DEVALLA
(Expert) 25 September 2015
I have posted the material at my disposal only for information sake.
But what made UR civil surgeon to file an FIR?
Ram Kulkarni
(Querist) 25 September 2015
As there is decreasing female births in district,collector was under pressure from centre,want to show some work done,has ordered tahsildar to raid hospitals. And on nonsense things filled FIR on 5 doctors. Civil surgeon was put on pressure by him. So CS has to obey him.But is it expected from a person who is supposed to be King of District
Ram Kulkarni
(Querist) 25 September 2015
As there is decreasing female births in district,collector was under pressure from centre,want to show some work done,has ordered tahsildar to raid hospitals. And on nonsense things filled FIR on 5 doctors. Civil surgeon was put on pressure by him. So CS has to obey him.But is it expected from a person who is supposed to be King of District
Anirudh
(Expert) 26 September 2015
Dear Ram Kulkarni,
Nobody knows what the contents of the charge sheet is.
Without knowing this, and without knowing all the details and explanations from you, it will not be possible to give any advice to you one way or the other.
In the given situation, the best course for you is to approach an experienced lawyer in your area, show him all the documents and papers, and then take things forward.
SAINATH DEVALLA
(Expert) 26 September 2015
But Mr.Ram,
Wait till the chargesheet is filed,anything can happen in govt investigations.Who is conducting the preliminary inquiry? Is there any prima facie involved? Actually the Collector should have entrusted the raid to the District Medical & Health Officer,instead of the Tahsildar.Because the DMHO is the head of the District.
Ram Kulkarni
(Querist) 26 September 2015
That's why I am saying repeatedly thet no prima facie,no complcation,no death but FIR on order of collector!There is no Law in India,Any govt.Officer can do anything with the doctors.And now I may ask permission for suicide as I am not getting certificate to start my hospital,and denied the long pending application.
SAINATH DEVALLA
(Expert) 26 September 2015
Well,now the time has come to engage an efficient local lawyer to defend U.
Ram Kulkarni
(Querist) 26 September 2015
Than yOu Sir I am searching good lawyer working in Medical Law field in Mumbai.Please let me know if there is any body
SAINATH DEVALLA
(Expert) 26 September 2015
U can search google, or log on to www.justdail.com/Mumbai/advocates or U can search in the forum also. Goodluck
Rajendra K Goyal
(Expert) 26 September 2015
You can engage some good lawyer by searching site regarding the lawyers dealing such cases.
Dr J C Vashista
(Expert) 27 September 2015
Very well advised by expert Mr. Sainath Devalla, I fully agree and appreciate, no room left to add.
Howeever, it is still immature to form any opinion in your case till filing of charge-sheet.
Contact, consult and engage a local prudent lawyer for proper guidance, advise and proceeding.
