Richa 12 June 2017
Advocate Suneel Moudgil (Advocate) 12 June 2017
Hire an experienced lawyer, try to get bail for the doctor.
i think, thats the only solution.
Kumar Doab (FIN) 12 June 2017
Engage a very able senior counsel of unshakable repute and integrity specializing in such/civil matters to defend.
Kumar Doab (FIN) 12 June 2017
Involve IMA also ASAP
Richa 12 June 2017
N.K.Assumi (Advocate) 12 June 2017
In such sensetive issue the doctor conducting PM should not delay the report. This is a professional matters and the Student Union should not act emotinally and allow the Law to take its own course of action.Unless the full report of the conditions of the patient is given, at the time of treatment by the doctor, it is difficult to comment on the negligence or innocence of the attending doctor.But it should be handle cooly guided by reasons, and as suggested by Kumar Doab Association like IMA etc; should get involve.
Ms.Usha Kapoor (CEO) 13 June 2017
Apply bail for the doctor and get him released.Also rope in IMA as suggested byKumar Deob.
Richa 13 June 2017
N.K.Assumi (Advocate) 13 June 2017
I dont understand, why in such a case a doctor should even apply for bail, and even if he apply like A/B, the court shuld not hesititiate to grant him bail.
The jurisprudence concept of ngligence differs in civil and criminal law. What may be negligence in civil law may not necessarily be so in criminal law. For negligence to amount to criminal offence, mens rea must exist and degree of negligence should be gross or vey high degree. Negligence which is neither gross or of high degeree may be a ground for civil action, but certainly it can not be the basis for prosecution in criminal law.
There is no need to go for blame game with vindicative mind, as the surrounding circumstance is based on "Res ipsa loquitur".
Richa 13 June 2017
N.K.Assumi (Advocate) 13 June 2017
I am sorry to hear that he is now behind bars, and it is very unfounate. If he is put behind bars for his asfety from the frenzy moabs etc; that is a different matterrs, but if it is not for that, the court should be gracious enough to grant him bail.Our criminal juisprudence is shifting to bail as right and jail as an excepion, which I am sure your lawyer will know better.As per the report of Indian National Police Commission 60% of the arrested persons in India were found to be unnecessarily put behind bars by the police. Since the matter now lies with the court, let the law take its own course of action in the best interest of justice. Best wishes.
Richa 13 June 2017
Richa 13 June 2017
Kumar Doab (FIN) 14 June 2017
The query is replied in Experts section also.
If you are not satisfied with current lawyer consul seek 2nd opinion a very able senior local counsel.