Bombay High Court disposes of PIL seeking probe into surgery by auto driver
The Bombay High Court disposed of a Public Interest Litigation (PIL) filed seeking a direction against the respondents to exercise powers of filing FIR, investigating the number of patients cheated under the guise of medical surgery performed by an autorickshaw driver, an employee of respondent no.1 (Urology Centre) and other consequential relief.
The Division Bench of Acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne asked the advocate for the petitioner as to the specific instances. The said instances could not be pointed out.
The Court further asked the counsel as to whether any complaint has been filed with the police. The answer was again in the negative. Even those persons against whom allegations are made do not appear to the Court to be party in the present criminal PIL.
In case the specific instances are pointed out and the cognizance is not taken, then the petitioner can take steps , held by the Bench.
‘We cannot take cognizance on the basis of vague statements. If some untoward incident or incompetent person is found performing any surgery or advancing medical treatment, then the patient can take recourse to criminal law by filing a complaint to the police station,’ the Court observed.
In the present case, the Bench noted that no such complaint appears to have been filed. It appears to the Court that there is one complaint filed and the doctor concerned had applied for anticipatory bail. The bail was rejected. In light of that, at this stage, the Court cannot entertain the present criminal PIL.