In Calicut Medical college, one surgeon requested the police to have dying declaration of a patient.
The magistrate arrived in the evening only; the requesting surgeon already left the hospital. The duty doctor, X was doing surgery at that time.
After the surgery, the duty doctor was arrested by the magistrate.
The questions are
1. Why did the magistrate insist on the presence of a doctor when supreme court has decided to the contrary? [Certificate of fitness by doctor not required when dying declaration is recorded by Magistrate. 2010(1) Criminal Court Cases 820 (S.C.)]
2. Dr.X was the Duty Medical Officer posted in the Casualty and he was present there. That makes him primarily responsible for the patients who come to the Casualty and Emergency Operation Theatre, who require urgent care and emergency surgery.
3. The patient named Subina and admitted as IP Number 37253 on 22 July 2010, was admitted in S IV Unit and it was the Duty Doctor of S IV Unit who had asked for a Dying Declaration.
4. Dr.X is working in S VI Unit and hence would not be aware of this fact.
5. Dr.X was not given any prior information about the Magistrate coming to record the Dying Declaration and this be verified from the records.
6. At the time of arrival of the Magistrate to Ward 20, Dr.X was doing an Emergency Surgery which he could not and should not abandon until the safety of the patient has been ensured. This can also be verified from the records. It can also be verified that the SHO of Medical College Police Station had arrested Dr. X at the door of the Emergency Operation Theatre.
7. It is clear that the Magistrate had mistaken Dr.X for being the doctor on duty in Ward 20 who had asked for the Dying Declaration (Dr.Y, JR in S IV Unit) and then did not wait for the Magistrate and hence the warrant issued by the Magistrate against Dr.X was based on mistaken identity and without proper enquiry.
8. By arresting the Duty Medical Officer posted in the Casualty of Medical College Kozhikode while on duty, the SHO of Medical College Police Station and the Magistrate who ordered the arrest have endangered the lives of the patients who come to the Casualty in critical condition by denying them sufficient care which can lead to irreparable loss and even death.
9. The arrest of a Government Doctor while on duty also amounts to obstruction of a gazetted officer of the state from doing his duty, which is a non-bailable offence. Is it not?
10. Whether the magistrate has committed a grave crime?
