Appeal to President/CJI for justice in Anuradha Saha death case
Columbus, OH, Dec.19, 2008
Dr.Kunal Saha, M.D., Ph.D.
RE: Personal and public appeals for justice in historic medical
negligence case in India
Anuradha Saha, an NRI and US-based child psychologist, died from
gross medical negligence by several “eminent” doctors
during a social visit to Kolkata in 1998. For the first time in
Indian medico-legal history, two senior doctors (Dr. Sukumar Mukherjee
and Dr. Baidyanath Halder) were convicted for “criminal
negligence” under IPC Section 304A and sentenced to three
months jail by the trial court in Kolkata in 2002. After Calcutta
High Court (HC) overturned their conviction in 2004, the Supreme
Court (SC) allowed the criminal appeal against the HC judgment
in 2005 and tagged the related civil appeal for highest ever compensation
(Rs. 144 crore) case in Indian history. However, these historic
appeals have been deliberately delayed in the SC by the corrupt
and highly influential medical lobby in India. While most criminal
appeals admitted in the SC after 2005 have been disposed, Anuradha’s
case has been lingering for no valid reason.
Anuradha wrongful death case has generated a great deal of public
interest across India over the past ten years. “People for
Better Treatment” (PBT), a humanitarian society has emerged
to help the victims of medical negligence in India (WWW.PBTINDIA.COM).
Dr. Kunal Saha, Anuradha's husband and an AIDS specialist based
in Columbus, Ohio, made a personal appeal yesterday to the President
and Chief Justice of India (CJI) seeking their immediate intervention
in this matter that has great significance on medical negligence
in India (copy attached). People across India, US and other foreign
countries are also sending appeals to the President/CJI for expedited
justice in Anuradha death case. A memorandum containing signatures
from hundreds of ordinary people and victims of medical negligence
was presented to the President/CJI on December 19, 2008. We urge
all concientious citizens to join in our endeavor in bringing
justice to Anuradha death case which is pending in the Supreme
Court for more than three years. This will have far-reaching consequences
on the incidence of medical negligence in India and will help
to establish some checks and balances for the hitherto "untouchable"
doctors in India. Thank you.
