Refusing any relief, Justice A D Jagadish Chandira observed that the issue was still in the initial stage and the investigation was yet to be completed. The court, however, directed the police not to harass the family of the doctors. According to the petitioners – Paul Ramshankar and Somasundaram – the situation has been surcharged and politicised.
“We are also receiving threats,” they said. “There were no lapses on the part of the doctors and another surgery was performed on the same day without any complications.
The doctors were ready to surrender before the police if the court grants protection, their counsel said. He further alleged that the family members of the doctors were taken to the police station and were harassed. While Ramshankar claimed that he had not performed the surgery but only assisted Somasundar and left the hospital by 3 pm,
Somasundar submitted that he had also performed another surgery on the same day but there were no complications in it. Opposing the applications, State Public Prosecutor (SPP) Hasan Mohammed Jinnah contended that a case has been registered under 174 (unnatural death) of CrPC and therefore bail cannot be granted.
“Authorities are yet to conclude whether it was negligence or criminal negligence on the part of the doctors and the investigation was progressing,” he added.