Delhi High Court - Orders
Ranjakam Indra Visvanathan vs The National Medical Commission And Ors on 30 May, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~77
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8209/2025
RANJAKAM INDRA VISVANATHAN .....Petitioner
Through: Mr. Shouryendu Ray, Ms. Neelu
Mohan, Ms. Vatsala Pddar, Ms.
IstelaJameel, Advs.
versus
THE NATIONAL MEDICAL COMMISSION AND ORS
.....Respondent
Through: Mr. Praveen Khattar, Mr. Pritam
Kumar, Advs. for DMC
Mr. Bishwabandhu, Mr. Bipul
Kumar, Ms. Nisha, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 30.05.2025
1. The present petition has been filed by the petitioner seeking directions for registration and expeditious disposal of an appeal dated 17.12.2024 filed by the petitioner before the National Medical Commission, pertaining to the death of her daughter Ms. V. Anitha due to medical negligence.
2. The petitioner is the mother of late Ms. V. Anitha who died on 28.09.2021, following a liposuction surgery performed at Dezire Clinic located at 3, Block C 6, SDA, Hauz Khas, New Delhi-110016, which is run by respondent nos. 2 and 3.
3. It is submitted that the said surgery was performed contrary to standard medical practice. Consequently, the petitioner was transferred to Vedantaa Hospital,allegedly a nondescript hospital in Faridabad, a location over 27 kilometres away from clinic.
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4. It is submitted that the petitioner's transfer was also particularly suspicious given the proximity of several reputable hospitals in the vicinity of the clinic where the procedure was performed. It is the case of the petitioner that the death of the petitioner is evident from the attended circumstances and would also be clearly inferred from the medical documentation which has several inconsistencies.
5. It is submitted that the petitioner has approached the Delhi Medical Council with a complaint dated 15.02.2022 pursuant to which an initial hearing was conducted by the Delhi Medical Council on 28.09.2022, however, no subsequent communication has been received from Delhi Medical Council despite repeated follow-up emails.
6. At the request of learned counsel for the petitioner, Delhi Medical Council is impleaded as the respondent no.4. Let an amended memo of parties be filed by the petitioner before the next date of hearing.
7. Learned counsel for the Delhi Medical Council is present before the Court upon service of advance copy.
8. Learned counsel for Delhi Medical Council submits that the proceedings before the Delhi Medical Council have been held up since the requisite information that has been requisitioned from the concerned hospital in Faridabad and from concerned SHO/ Faridabad has not been supplied.
9. During the course of hearing, a copy of the communication dated 25.03.2025 has been handed over which reads as under:-
DMC/DC/F.14/Comp.3534/2/2025 Dated: 21s March, 2025 SHO SGM Nagar, Police Station, Adarsh Colony Block 2, New Industrial Twp 4, New Industrial Township, Faridabad Haryana This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:42:32 Whereas, a complaint of Smt. Rajankam Indra Visvanathan, alleging medical negligence on the part of Dr. Prashant Yadav, Dr. Hema Yadav of Dezire Clinic 3, Block C 6, Safdarjung Development Area, hauz Khas, New Delhi-110016, in the treatment of complainant's daughter Smt. Anitha, resulting in her death, is being examined by the Delhi Medical Council.
Whereas, a similar matter has also been referred by the Police Station, Safdarjung Enclave, new Delhi seeking medical opinion in regard to the death of Smt. V. Anitha vide reference no. 917/Reader- SHO/Safdarjung Enclave, Delhi dated 17.05.2022. It is noted that the police has submitted a copy of Post Mortem report no. PMR no (Generated by Software)- M406000852100355, PMR No (given by doctor)-MB/BKH/10/2021 dated 01.10.2021 conducted at Civil Hospital Bahadurgarh Jhajjar Haryana of deceased Smt. V. Anitha, as per which the final opinon as to the cause of death in respect of Post Mortem report dated 01.10.2021 is kept pending histopathology and chemical analysis report.
Whereas, it has been informed by Dr. Manoj Bajaj, ASMO, Civil Hospital, vide his letter dated 06.08.2024 that the final opinion as to the cause of death in respect of Post Mort Report No. (Generated by Software)- M406000852100355, PMR No. (given by doctor)- MB/BKH/10/2021 dated 01.10.2021 is pending, as the concerned IO, SGM Nagar, has not provided the chemical analysis report as well as hisopathology report in respect of the said post mortem to the post mortem board for final opinion.
In view of the same, Police is requested to provide the chemical analysis report as well as histopathology report in respect of the said post mortem to Dr. Manoj Bajaj, ASMO, Civil Hospital, Faridabad for finalizing the opinion as to cause of death in respect of the aforementioned post mortem., Please take notice that the Delhi Medical Council under provisions of the Delhi Medical Council Act has the powers to enforce attendance of any person and compel production of any document as may be required. The provisions of Section 21 (5) reads as under:
"In holding any inquiry under this section, the Council or the Executive Committee, as the case may be, shall have the same powers as are vested in Civil Courts under the Code of Civil Procedure 1908 when trying a suit in respect of the following matter namely:
a) Enforcing the attendance of any person, and examining him on oath;
b) Compelling the production of documents
c) Issuing of commissions for the examination of witnesses.
-sd/-
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 28/06/2025 at 00:42:32 (L.D.S Uppal) Asst. Secretary Copy to: For information and necessary action;- i. S.H.O Police Station, Safdarjung Enclave, New Delhi-110029. ii. Medical Superintendent, Civil Hospital, Bhadurgarh Jhajjar, Haryana-124507.
iii. Dr. Manoj Bajaj, BK Civil Hospital, 216, BK Chowk, Narela Rajeev Nagar, New Industrial Township, Faridabad, Haryana- 121001.
iv. Commissioner of Police, Faridabad Police, Office of the Commissioner of Police, Faridabad Police, Police Line, Sector- 21 C, Faridabad, Haryana
10. In the aforesaid circumstances, before passing further orders the concerned SHO to which the aforesaid communication has been addressed, as also the authorities to whom the aforesaid communication has been copied, are directed to supply the requisite information to the DMC within a period of four weeks from today.
11. Let copy of this order be served on concerned authorities by the petitioner as well as by the Delhi Medical Council.
12. List for further consideration on 17.07.2025.
SACHIN DATTA, J MAY 30, 2025/uk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/06/2025 at 00:42:32