The judgment establishes the importance of qualified professionals and medical supervision in aesthetic surgeries and highlights the implications of medical malpractice.

JUDGMENT

anoop Kumar Mendiratta, J. - a Writ Petition (Criminal) under article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed on behalf of the petitioner for issuing writ of Mandamus or any other writ/directions/order directing respondent No.4 for transfer of investigation in respect of death of athar Rasheed (brother of the petitioner) to CBI or any other independent agency.

2. In brief, athar Rasheed, aged about 35 years is stated to have expired due to sole negligence during the process of hair transplantation undertaken at United Hair Studio, House No.223, Pocket 26, Sector 24, Rohini, New Delhi.

It is averred that after athar Rasheed returned back on taking treatment, he developed serious pain over his scalp followed by swelling on the face and shoulders and had to be admitted at Escorts Heart Institute and Research Centre. On 26.06.2021, athar Rasheed passed away during course of treatment. It is also submitted that none responded from the concerned Centre and accused appear to have fled. Further, no action was taken by the police despite complaint being made on 06.07.2021 and running from pillar to post.

3. During the course of inquiry, the treatment papers at Escort Heart Institute and Research Centre were obtained which revealed that cause of death was Septic Shock with multi-organ failure in case of Stevens-Johnson Syndrome. Fortis Escorts Heart Institute further replied that it did not warrant any intimation to police since the death was due to septic shock with Stevens-Johnson Syndrome. a letter was also sent to Delhi Medical Council by police but in absence of any treatment record, they were not in a position to examine the matter.

4. In the aforesaid background, vide order dated 30.03.2022, action Taken Report was called from the DCP. The status report has been filed today whereby it is informed that case FIR No.339/2022 dated 21.04.2022 under Sections 304/34 IPC and Sections 26/27 of Delhi Medical Council act has been registered at Police Station Begampur and the investigation has been taken up.

It is further submitted that during the course of investigation, accused Shivam Verma was arrested who disclosed that he along with one Harish Sharma and other associates were running United Hair Studio and were managing the day-to-day activities in its clinic. an amount of Rs.30,000/- is also stated to have been received in PayTm account from deceased athar Rasheed against hair transplantation which was done by technicians namely Mohit and Vijay. Further, at the instance of accused Shivam Verma, the technician Vijay was also arrested and the instruments used for hair transplantation were also seized. It was revealed that accused Vijay was not having any certificate of clearance of hair transplant. It is also stated that co-accused Mohit could not be traced and the NBWs have been obtained against him.

5. On the face of record, there appears to be gross negligence as it is only pursuant to the filing of the writ petition and directions issued by this Court that the criminal process has been set into motion in respect of death of deceased athar Rasheed who faced severe complications due to treatment at the hands of unqualified professionals. The matter has larger ramifications as number of such treatment Salons are mushrooming, wherein the self-proclaimed technicians are rendering the service of hair transplantation/aesthetic surgery which is completely in teeth of medical ethics and in defiance of standard protocol to be followed for the purpose of hair transplantation/aesthetic surgery.

6. Hair transplantation being an aesthetic surgery needs to be performed by qualified dermatologists or trained surgeons with informed consent of the patient. It is critical to evaluate the risk benefit ratio from the medical perspective. It is imperative on the persons performing the transplantation surgery to be aware of the medico legal issues. The fact that hair transplantation surgeries are being carried o