The Bombay High Court has directed the Maharashtra's Health Secretary and the Commissioner of Police, Thane, to initiate legal action against a doctor for allegedly displaying “gross negligence and illegality” in conducting a post-mortem of a deceased in a murder case.
The court was hearing a bail application filed by one Murbad-resident, Jaywant Bhoir, who is accused of murdering a man in 2020. Jaywant allegedly murdered one Mohan Bhoir, who was accused of theft by the Bhoir family, on July 10, 2020.
Initial post-mortem report was incomplete
Initially, the post-mortem report did not specify the cause of death, prompting jaywant to file a bail plea. However, the report from the medical officer Rural Hospital, Murbad, Dr NA Phad, lacked clarity and was incomplete.
The HC, in 2023, directed the constitution of a board to bring the exact opinion of the cause of death.
The report was submitted by additional public prosecutor Ashish Satpute on March 22 before the court. The report revealed discrepancies in the postmortem report prepared by medical officer Dr. Phad.
Dr. Phad's report was given on the letterhead of his private hospital even though the post-mortem was conducted in a government hospital. He did not submit any report from the official government record. Further, it was found that the findings in his report were self-contradictory. Injuries recorded by Dr. Phad on the body of the deceased also did not match the injuries recorded in the inquest panchnama.
Committe's report findings
The committee's report revealed that Dr. Phad did not fill up the Form through which the viscera was forwarded to the Forensic Science Laboratory (FSL) properly. Further, he failed to forward brain samples of the deceased to the FSL in Thane.
FSL viscera report indicated that the postmortem was done on July 16, 2020 which is an incorrect date as the postmortem was conducted on July 12, 2020, the court noted.
Hence, the HC directed the state to take cognizance of the committee’s report and initiate appropriate legal proceedings against Dr. Phad.
HC's remarks
“The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of the said report as well as the order passed by this Court and initiate an appropriate legal action against Dr. Phad and the concerned for such a gross negligence and illegality in conducting a postmortem of the deceased-Mohan Bhoir,” Justice Prithviraj Chavan directed.
The court has also called for a preliminary report from the Secretary of Health within four weeks and directed the investigating officer to appear at the next hearing for April 23, 2024.
