Kerala High Court Allows Doctor Accused Of Abetting Girlfriend's Suicide To Rejoin PG Studies, Cites Irreversible Impact Of Missing Classes

The Kerala High Court has allowed a doctor accused of abetting his girlfriend's suicide to rejoin his post-graduate studies upon noting the 'irreversible damage' caused by preventing him from attending classes.

A single-judge bench consisting of Justice Ziyad Rahman AA has permitted the doctor accused of abetting his girlfriend's suicide by asking for an exorbitant dowry to rejoin post-graduate studies.

“The damages, if any caused, if the petitioner is prevented from attending the classes would be irreversible once it is found that the proceedings initiated against the petitioner, were not legally sustainable. Therefore, I am of the view that the balance of convenience is also in favour of the petitioner. In such circumstances, I am inclined to grant an interim order to the petitioner, permitting to join classes and at the same time, to ensure that, the punishment imposed against him is implemented in case the same is upheld by the court” stated the court.

Ruwais was charged with the offences under Section 306 IPC ('Abetment of Suicide') and Section 4 of the Dowry Prohibition Act ('Penalty for demanding dowry'). When the incident came to light, the Indian Medical Association (IMA) suspended Ruwais' medical license. He is currently released on bail. Ruwais approached the High Court with a writ petition to revoke his suspension order and seeking permission to continue his post-graduate studies -MS Orthopaedics.

A single-judge bench of Justice Mohammed Nias CP had earlier allowed the petitioner to continue his postgraduate studies which was then set aside by a division bench of Chief Justice AJ Desai and Justice VG Arun. The division bench had directed the disciplinary proceedings against Dr Ruwais be completed within one week and reports be placed before the single judge and also directed the college authorities to place an additional counter affidavit before the single judge pursuant to the completion of the disciplinary proceedings.

Justice Ziyad Rahman AA accordingly directed the Indian Medical Association (IMA) to reinstate the petitioner and clarified that such reinstatement would be subject to the condition that in case the punishment of the court is upheld, such reinstatement shall not be treated as valid attendance for any practical purposes.

The matter has been posted for 21st May 2024.

Case Title: Dr. Ruwise EA v. The Principal

Case Number: WP(C) No. 13744 of 2024 and WP(C) No. 5220 of 2024