The sessions court has denied bail to HR manager and two under qualified medical officers who were appointed by Jeevan Jyot Charitable Trust to work at MT Agarwal Municipal general hospital in Mulund observing that because of them faith on the public health system came under question mark. Trio were arrested in connection with the irregularities found in several death certificate signed by the accused when they were not qualified.
While rejecting the bail plea of the three accused namely Surekha Chavan, Chandrashekhar Yadav and Sushant Jadhav, the court said, "the number of deaths certified by these medical officers is also a cause of concern and such large deaths and number of medical officers involved would certainly lead to extensive investigation."
"it is clear that the involvement of these medical officers impersonating and being not qualified, involvement of Surekha into this scam and thus it leads to a serious repurcation in the society. A faith in the public health system has been put to tusk by the acts of these persons," the court added.
They are booked under the charge of murder along with other charges. They were arrested after the Mulund police registered a case against the members of Jeevan Jyot Charitable trust who was given a contract on May 17, 2018 to supply doctors and also manage the services at the ICU of the said BMC run hospital.
Chavan who was a nurse and HR manager was response for inviting applications of doctors and appoint them to work at hospital. While Yadav and Jadhav worked as doctors in the hospital even when they were not qualified. The complainant after obtaining details from RTI, had alleged that it was revealed that around 149 patients had died and cause of death is verified by 17 Doctors.
Chavan while seeking bail claimed that she was a Nurse and nothing on record to show that she was related with management of trust and that she had any responsibility to inquire about degree or qualification of medical officer. She chad claimed that in casss of other deaths, There is no complaint by anyone or by relatives or doubt taken in the postmortem of the death or suggesting medical negligence.
Yadav in his plea had claimed that, was well qualified and completed his medical education in China and at the most it could be said that he was not having recognition from medical Council. Besides he claimed that no patient died because of him.
Jadhav, had claimed that he is registered Medical Officer holding valid degree and registration as BHMS Doctor. There is no investigation into negligence by him or evidence of impersonation.
The prosecution on the other hand had contended that, the medical papers and the death certificates are pending before the Board and same is under the scope of investigation. As per the tender, document minimum qualification was of MBBS and apparently non of the accused were qualified, the prosecution argued.
The prosecution has alleged that the modus operandi was simple so as to collect documents of valid medical officers and then send bogus medical officers and use the credentials and certificates of such other officers. The identity of Chandrashekhar Yadav is taken by similar named accused herein. The certificate and registration Number is used of those officers.
The prosecution claimed that the real Chandrashekhar Yadav never worked in Agarwal Hospital and was not in town from August 2018 to August 2021. The present Doctor Yadav is said to have worked in the year 2020,2021 when infact he completed his course in China in 2022. As regards the other Doctor Jadhav he has used the alias of Dr. Maurya. Dr. Maurya also never worked in M.T Agarwal Hospital.
After hearing all the parties, the court observed, "A very innocent plea was taken that Dr. Sushant used to visit hospital to watch the treatment as a learning medical officer. Unfortunately, that does not give an explanation as to how his presence is noted by witnesses in the ICU and he certified the death certificates," the court said adding that Yadav was working with the hospital even before getting his qualification even from China.
For Surekha the court said that she seems to be the mastermind and her role is pivotal in the case. "It is she who used to contact and engage the medical officers and depute them. Very cleverly the said bogus medical officers or accused were engaged at nightshifts where there is less attention of the Senior Staff. She knew about the requirements to be made. She knew about the absence of qualifications of the accused. She had the credentials and documents of valid medical officers which she used to bypass the accused as genuine medical officers. Thus, her role is pivotal in this case," the court said.
