Bombay High Court: In a matter pertaining to postmortem of a deceased conducted in 2020, Prithviraj K. Chavan, J. called for action against doctor (‘Dr. X’) for gross negligence and illegality in conducting postmortem due to contradictions in the reports who also used letterhead of his private hospital for postmortem conducted at Government Hospital.
The Court mentioned the constitution of a committee Civil Surgeon to give an opinion on the exact cause of death of the deceased. The said meeting was conducted on 14-09-2023 comprising of the medical officer who conducted postmortem viz. Dr. X and the Investigating Officer of this case. The Committee examined all relevant documents including spot panchanama and inquest.
Dr. X conducted postmortem on 12-07-2020 at a Rural Hospital, Viscera was preserved for forwarding the same to the Forensic Science Laboratory, and opined on the letterhead of his private hospital, while the postmortem was conducted at the Government Hospital, and that no report was submitted by him from the official record kept at the Government Hospital.
The report revealed bleeding from deceased’s ears, and there were some self-contradictory aspects regarding small maggots, slight decomposition and rigor mortis. Dr X had not filled the form properly through which the viscera were forwarded to the FSL, did not forward brain samples of the deceased, and that there was contradiction in the findings given in the postmortem report, and the final cause of death was not proper as per the MCCD. Additionally, the FSL viscera report indicated the postmortem date as 16-07-2020, while it was conducted on 12-07-2020.
Considering all this, the Court directed the Secretary, Health, Government of Maharashtra and the Commissioner of Police to take cognizance of the said report and the instant order and initiate appropriate legal action against Dr X and others concerned for gross negligence and illegality in conducting postmortem of the deceased. The Court further sought a preliminary report from the Health Secretary within 4 weeks. It further listed the next hearing of the instant matter on 23-04-2024.
[Jaywant v. State of Maharashtra, 2024 SCC OnLine Bom 898, decided on 22-03-2024]
Advocates who appeared in this case:
Advocate Nilesh Navale, Additional Public Prosecutor Ashish Satpute,
