Can State Human Rights Commission Examine Medical Negligence Case When NHRC Has Dismissed Same Complaint? Supreme Court To Consider

A Bench comprising Justice Hrishikesh Roy and Justice Sanjay Karol posted the matter after four weeks for hearing and asked the parties to complete their pleadings in the interregnum.

The litigation emanates from a writ petition filed before the Telangana High Court challenging the action of the Andhra Pradesh State Human Rights Commission taking cognisance of an ‘undated complaint’ made with frivolous allegations and without any documentary evidence. The State Commission was dealing with a complaint of medical negligence.

The petition argued that if the State Commission proceeded with the complaint it would be illegal, arbitrary, malafide, without jurisdiction and in violation of Regulation 11 of the Andhra Pradesh State Human Rights Commission (Procedure) Regulations, 2013. The petition implored the High Court to set aside the proceedings arising out of the complaint.

The High Court noted that vide the impugned order dated 12.01.2016, the State Commission had issued directions to the Director of Medical Education, Telangana State, Hyderabad and the Commission of Police, Hyderabad City to examine if the Maternal Health and Research Centre run by the petitioner (Dr. Roya Rozati) is a registered one. It further directed the authorities to find out the kind of treatment provided to the deceased and the drugs administered to them. The High Court inferred that the State Commission, in essence, has not passed any adverse order against Dr. Rozati. The High Court disposed of the writ petition, granting liberty to Dr. Rozati to approach the State Commission to provide relevant material and to approach the Director of Medical Education and the Commissioner of Police to make available all the documents and material.

It appears that while the writ petition was pending before the High Court, the National Human Rights Commission had passed an order on 29.03.2016 dismissing the case at the threshold. The order dated 29.03.2016 reads as under -

“Direction issued by the Commission: This case pertain to allegation of medical negligence by a private nursing home. Since to public servant is involved in this case the matter is dismissed in limine. The file be sent to SB-II after issuing the letter.

Action taken: Dismissed in limine (dated 3/29/2016)

Status on 5.17.2016: Dismissed”

The Special Leave Petition filed before the Apex Court challenging the order of the Telangana High Court raises the following issue -

“whether the State Human Rights Commission has the power to examine a case of criminal medical negligence when a contrary view in favour of the petitioner (Dr. Rozati) was taken by the National Human Rights Commission.”

[Case Title: Dr. Roya Rozati v. Mohammed Humayun Ahmed Khan And Ors. SLP(Crl) No. 4387/2016]