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The Supreme Court will shortly decide the issue as to whether a State Human Rights Commission can investigate a criminal medical negligence case when the National Human Rights Commission has expressed a conflicting view.
The Supreme Court will consider a matter involving issue as to whether a State Human Rights Commission can investigate a criminal medical negligence case when the National Human Rights Commission has expressed a conflicting view.
A division bench of the Supreme Court comprising Justices Hrishikesh Roy and Sanjay Karol was hearing a plea filed by an IVF doctor Roya Rozati-a medical practitioner who belongs to Telangana and had been charged with criminal medical negligence for providing fertility medications and drugs to a Tuberculosis patient which proved to be fatal for her life.
The whole matter was referred to the National Human Rights Commission (NHRC) but by the order dated March 29, 2016, NHRC refused to intervene in the case, claiming that no public servant was engaged. The State Human Rights Commission, on the other hand, issued a notice to the Doctor.
Advocate Namit Saxena, appearing for Dr. Roya argued before the court that Section 21 of the Protection of Human Rights Act states that once the NHRC or another state human rights commission rules on a complaint, no other state human rights commission can investigate it.
After hearing the arguments, the bench directed to complete the pleadings and posted the matter after four weeks for further hearing.
Cause Title: Dr. Roya Rozati vs. Mohammed Humayun Ahmed Khan & Ors.
Statute: Special Leave Petition under section 136 of the Constitution of India.
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