Bombay High Court directs legal action against doctor for negligence in post mortem examination

The Bombay High Court recently called for legal action against a doctor for alleged negligence while conducting a post mortem examination of a body [Jaywant Bhoir v. State of Maharashtra]..Single-judge Justice PK Chavan relied on the report of a committee that was constituted by the High Court in August 2023 to examine the post mortem report. The report highlighted that Dr. NA Phad had conducted the post mortem on July 12, 2020 and filed the post mortem report from his private letter head though the postmortem was conducted at a government hospital.Further, the Court noted that the form submitted by Dr. Phad to the forensic science laboratory was improperly filled, samples of brain of the deceased had not been forwarded and there were contradiction in the findings given in the report.In view of the above, the Court directed the State government and the police to take appropriate legal action against the doctor. ."The Secretary, Health, Government of Maharashtra as well as Commissioner of Police Thane are directed to take cognizance of the said report as well as the order passed by this Court and initiate an appropriate legal action against the doctor (Dr. Phad) and the concerned for such a gross negligence and illegality in conducting a postmortem of the deceased," the Court ordered. .The order by the judge came to be passed in a bail application by one Jaywant Bhoir.The bail applicant along with three others had been accused of the death of one Mayur Bhoir.While the sessions court granted bail to the three co-accused, it rejected the bail application of Jaywant Bhoir on two occasions..The applicant had approached the High Court in 2021 for bail when the Court had called for the report of the forensic science laboratory and the post mortem doctor within 8 weeks. With this direction, the applicant withdrew his bail application from the High Court. .After the FSL report was filed, the applicant sought bail from High Court again. He claimed that Dr. Phad had not mentioned the cause of death of the deceased in his post morten report. Dr. Phad purportedly reserved that opinion as he was waiting for the FSL report which was not received. .The High Court then formed a committee of a District Civil Surgeon and Dr Phd to examine the FSL report and give the exact cause of death. After going through the report of the committee, the High Court called for action against the doctor. .Advocate Nilesh Navale appeared for Bhoir.Additional public prosecutor Ashish Satpute appeared for State.[Read order]