CR IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 3649 OF 2024 PETITIONER:

K. HARIDAS, AGED 60 YEARS, S/O.KUTTIKRISHNAN NAIR, KAKKARATH HOUSE, CHERAYA P.O., KONGAD, PALAKKAD DISTRICT, PIN – 678631 BY ADVS.

BABU S. NAIR SMITHA BABU RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN – 695001

2 THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, NEAR GENERAL HOSPITAL ROAD JUNCTION, THIRUVANANTHAPURAM, PIN – 695035

3 THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, NEAR KSRTC BUS STAND, PALAKKAD, PIN – 678014

4 THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, PALAKKAD, PIN – 678014

5 THE STATION HOUSE OFFICER , PALAKKAD TOWN SOUTH POLICE STATION, PALAKKAD, PALAKKAD DISTRICT, PIN - 678013 SMT. VIDYA KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

14.03.2024, ALONG WITH WP(C)NO.38061/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 38061 OF 2022 PETITIONERS:

1 MITERA HOSPITALS PRIVATE LTD, THELLAKAM P.O., ATHIRAMPUZHA VILLAGE, KOTTAYAM - 686 630 REPRESENTED BY ITS MANAGING DIRECTOR

2 DR. JAIPAL JOHNSON, MANAGING DIRECTOR, MITERA HOSPITALS PRIVATE LTD, THELLAKAM P.O., ATHIRAMPUZHA VILLAGE, KOTTAYAM - 686 630 RESIDING AT MUNJANATTU HOUSE, THELLAKOM P.O., KOTTAYAM - 686 630 BY ADVS.

S.SUJIN P.T.MOHANKUMAR GEORGE CHERIAN RESPONDENTS:

1 THE GOVERNMENT OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695001 2 THE DEPUTY SUPERINTENDENT OF POLICE DISTRICT CRIME BRANCH, KOTTAYAM - 686 002

3 THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM -693 035.

4 THE DIRECTOR GENERAL OF PROSECUTION, OFFICE OF THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM - 682 018.

5 THE DIRECTOR OF MEDICAL EDUCATION, OFFICE OF THE DIRECTORATE OF MEDICAL EDUCATION, MEDICAL COLLEGE P.O, THIRUVANANTHAPURAM, PIN - 695 011.

6 THE ADDITIONAL DIRECTOR OF HEALTH SERVICES (VIGILANCE), DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM - 693 035.

7 T.N. RAJESH, AGED 47 YEARS, S/O NARAYANAN NAIR, THACHANATTIL HOUSE, PEROOR P.O., KOTTAYAM DISTRICT - 686 637.

BY ADVS.

LATHA ANAND S.VISHNU (ARIKKATTIL) - R7 VIDYA KURIAKOSE – R1 TO R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, ALONG WITH WP(C)NO.3649/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

CR JUDGMENT [WP(C) Nos.3649/2024, 38061/2022]

Recognising that not all medical complications are the result of medical negligence or iatrogenic lapses, the Hon’ble Supreme Court, in Jacob Mathews v. State of Punjab [(2005) 6 SCC 1], declared the law that in cases where a criminal prosecution is initiated against a doctor or health care professional, the Investigating Officer is expected to obtain expert opinions from the best inputs, for which, Expert Committees consisting of Medical Experts and Forensic Experts require to be established.

2. The specific directions in the afore judgment would require to be kept in mind while I proceed to deliver judgment with these cases; and therefore, extracted them as under:

“51. As we have noticed hereinabove that the cases of doctors (surgeons and physicians) being subjected to criminal prosecution are on an increase. Sometimes such prosecutions are filed by private complainants and sometimes by police on an FIR being lodged and cognizance taken. The investigating officer and the private complainant cannot always be supposed to have knowledge of medical science so as to determine whether the act of the accused medical professional amounts to rash or negligent