SC To Examine Whether State Human Rights Commission Can Examine Criminal Medical Negligence Case When NHRC Took Contrary View
The Supreme Court will examine whether a State Human Rights Commission can examine a case of criminal medical negligence when a contrary view has been taken by the National Human Rights Commission.
The bench of Justice Hrishikesh Roy and Justice Sanjay Karol was dealing with a plea filed by a Doctor from Telangana who has been charged with criminal medical negligence for administering fertility related drugs to a patient suffering from TB.
NHRC had refused to interfere in the matter while stating that no public servant is involved. However, the State Human Rights Commission issued notice to the Doctor.
Advocate Namit Saxena appearing on behalf of the Doctor argued that there is a statutory bar under Protection of Human Rights Act whereby once the NHRC or any other state Human Rights Commission adjudicates upon a complaint, no other State Human Rights Commission can examine the same.
Advocate Lakshay Saini appeared for the Respondent.
Recording the submission the Supreme Court posted the matter after 4 weeks.
“The matter be posted after four weeks. In the meantime, pleadings may be completed.”, the Court directed.
Cause Title- DR. Roya Rozati v. Mohammed Humayun Ahmed Khan . & Ors.