Punjab and Haryana High Court: In a writ petition filed by a man whose daughter’s body had a missing kidney after she allegedly died due to COVID-19 complications, the Single Judge Bench of Kuldeep Tiwari, J., directed the Commissioner of Police (‘Commissioner’), Ludhiana, to look into the matter and inquire into all the allegations levelled by the petitioner.
Background
In 2021, the petitioner’s 22-year-old daughter (‘the deceased’) was admitted to the HMC Hospital, Ludhiana (‘the Hospital’), for surgery. The surgery was performed by Dr. Vyom Bhargava, Spine Brain Surgeon, along with other doctors. Thereafter, another surgery was conducted on the deceased. However, her condition kept on deteriorating, and she passed away at the Hospital. As per the medical record, the cause of death was cardiac arrest due to the deceased contracting COVID-19.
The medical record engendered suspicion in the mind of the petitioner, whereupon he reported the matter to the police, and, based on his complaint, an autopsy of the deceased was conducted. The post-mortem report revealed that the left kidney of the deceased was missing. This revelation fortified the suspicion of the petitioner regarding medical negligence and criminal acts on the part of the doctors.
Resultantly, the petitioner pursued his complaint with various authorities, which led the Civil Surgeon, Civil Hospital, Ludhiana, to constitute a medical board of six specialists/doctors to give a medical opinion as to whether the death of the deceased occurred due to negligence or sudden illness. The Medical Board submitted a report (‘the medical report’), not making any observation about the negligence or missing kidney.
Thus, the present petition was filed.
Analysis
Upon perusal of the medical report, the Court stated that although the medical board explained the possible reason for the deceased’s death, there was no clear observation as to whether the treating doctors had conducted any medical negligence. Moreover, there was no inquiry conducted by the medical board regarding the missing kidney. Further, the Court stated that the medical report was the only document with the State for not proceeding in the matter and to unearth the truth behind the deceased’s missing kidney.
Prima facie, the Court opined that the medical report was silent on the issue of the deceased’s missing kidney. Moreover, the Court did not find any document indicating that this issue was ever referred to any expert for analysis.
“It is not under dispute; rather, it is voiced in the post-mortem report that the left kidney of the deceased was not traceable. The truth behind this missing kidney is yet a mystery, which has never been inquired into or investigated.”
The Court stated that whether the left kidney of the deceased was not traceable on account of congenital hypoplasia, renal agenesis, or ectopic kidney, as claimed by the respondents, or whether there was any strength in the petitioner’s allegations of a criminal nature, required a thorough probe.
Therefore, at this stage, the Court deemed it imperative to direct the Commissioner to look into the matter and inquire into all the allegations levelled by the petitioner. The Court stated that it was open for the Commissioner to constitute a Special Investigation Team and take the assistance of subject experts to conclude the inquiry.
Accordingly, the matter was listed for 30-09-2025 with a direction to the Commissioner to file a compliance report on or before the next date of hearing.
[Mangat Ram Sharma v. State of Punjab, Case No. – of 2025, decided on 11-07-2025]
Advocates who appeared in this case :
For the petitioner: R.S. Ghuman
For the respondent: A.A.G. of Punjab Sahil R. Bakshi and Sunny K. Singla