Ensure No Other Surgery Takes Place Under Mobile Torchlight: Bombay High Court Tells BMC After Death Of Mother, Newborn

Observing that 'lives are precious' the Bombay High Court on Tuesday told the Brihanmumbai Municipal Corporation (BMC) and also the National Medical Commission (NMC) to play a 'proactive' role and ensure that no other surgery or delivery takes place in mobile torchlight in any of the civic or State-run hospitals.

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan was hearing a plea filed by the husband of Shahidunnisa Shaikh, who died after a C-section delivery in the civic-run Sushma Swaraj Maternity Hospital in Mumbai's Bhandup. Her husband alleged that the wife's C-section was performed using a mobile torchlight as the electricity connection in the hospital on the relevant day was down. 

Pursuant to an earlier hearing, Advocate Ganesh Gole appeared for the NMC and submitted that the apex body is yet to receive any representation either from the petitioner or the BMC against the alleged 'misconduct' of doctors.

"Since we have not come across any representation by the civic authorities to take action against misconduct, we have not taken any action," Gole told the judges.

At this, Justice Mohite-Dere suggested that the instant petition can be considered as a representation by the NMC and lamented that the authorities must refrain from taking 'hyper-technical' views in such matters. 

"Mr Gole, we cannot be so much hyper-technical in such matters. Lives are precious... Don't you have powers to suo motu take cognizance of such matters?" Justice Mohite-Dere sought to know.

However, Gole submitted that it can take suo motu cognizance of the misconduct of doctors.                                                                      

"Just because there is no representation or the name has changed from Indian Medical Council (IMC) to NMC does not mean that your powers have also changed. You can still take suo motu cognisance and take action against the non-maintenance of medical records etc," the bench made it clear.

On Gole's submission that the NMC was not even apprised by the BMC about the incident and that the apex medical body was directly made a party, Justice Mohite-Dere clarified that the NMC was roped in as a party only after the court's directions. 

"Something has happened so we have asked them to make you a party... one person has died tomorrow someone else can meet the same fate...You say you are not aware about the incident, you can get knowledge from the news also. In such incidents, we want to know what is your role? Take a proactive role to ensure there is no misconduct by any doctor and such incidents do not repeat," Justice Mohite-Dere emphasised. 

Forget this case for a second, the judge, said, adding, "But if you come across a news report about some misconduct do you have powers for taking suo motu cognizance? You have, right? So Mr Gole, you cannot turn a blind eye to such issues. We will pass an order directing you to consider the instant petition as a representation."

Meanwhile, Government Pleader Poornima Kantharia, who appeared for the BMC, informed the bench that the civic body has taken against the concerned doctors, especially the one, who performed the delivery in mobile torchlight. She said that the doctors were juniors and working on a temporary basis. She further said action is also proposed against the Chief Medical Officer (CMO).

However, the bench sought to know the nature of the action proposed against the hospital.

"When in a government or a civic-run hospital, there is no generator how can a permission be given to perform any delivery or surgery? What action do you propose to take against the hospital? Till the hospital in question does not have its system in place, how can it be permitted to function... what if tomorrow someone else's life may go like this. We don't want a repeat of this incident," Justice Mohite-Dere made it clear.

The judges sought to know if there are some Standard Operating Procedures (SOPs) for hospitals in the State to function. "Like is there any SOP for one to begin a hospital, what are the requirements for one to comply with for starting a hospital, what all amenities are needed, what action can be taken if the SOPs are not complied with," the bench said,

Kantharia submitted that the death took place because the junior doctor took the step of operating the woman on his own in the mobile torch light even as the electrical engineer was repairing the lights in the hospital as the electricity was down.

"What is the role of the BMC which is the sanctioning authority for permitting hospitals. Whether you have regular inspections? Whether they have the necessary amenities. In the instant case, how long was the generator not functional? Who is responsible to check this? Madam Kantharia, there are too many questions which need an answer. So its better you call a responsible officer form BMC tomorrow (Wednesday)," Justice Mohite-Dere said while adjourning the case.