DIFFICULT FOR DOCTORS TO PERFORM WHILE LIVING IN FEAR OF BEING BEATEN UP/HARASSED BY PATIENTS' RELATIVES: OBSERVED P&H HIGH COURT

Recently, the Punjab and Haryana High Court has observed that if doctors and other medical practitioners keep on facing the constant threat of being beaten up by the relatives of the patients, then it would be difficult for them to perform and function properly. Further, the bench of Justice Vikas Bahl dismissed a 482 CrPC plea for quashing an F.I.R. filed by the respondents. 

Facts

An F.I.R. was filed against the petitioners by the respondents u/s 147 (Punishment for Rioting), 149 (Every member of Unlawful Assembly guilty of the offence committed in prosecution of common object), 323 (Punishment for voluntarily causing hurt), and 506 (Punishment for criminal intimidation) of the Indian Penal Code, 1860. 

After the death of one patient, Ompati, started creating turmoil and disturbance in the hospital, allegedly attacked the doctors of I.M.A., and even snatched some critical papers from their hands, threatening them to leave. The doctors have also received phone calls from her relatives threatening life and murder. 

Post scrutiny of all the pieces of evidence and other circumstances, the court was of the view that an offence under Section 149 IPC would stand prima facie out. The court also showed sympathy towards the relatives of the deceased but clearly said that such incidents should not result in a breach of law, and all the acts like these against the doctors who always try their best to save their patients' lives must be avoided all cost.

Author: Papiha Ghoshal