Latest news with #JacobMathew
Indian Express
4 days ago
- Politics
- Indian Express
If lawyer commits an offence, no exceptions should apply, SG Tushar Mehta tells Supreme Court
The Supreme Court on Tuesday reserved its decision on the question whether lawyers can be summoned by probe agencies for their legal opinion while investigating their clients. A bench of Chief Justice of India B R Gavai and Justices K Vinod Chandran and N V Anjaria was hearing a suo motu case on summoning of 2 senior advocates by probe agencies while representing clients in cases. Supreme Court Bar Association president and Senior Advocate Vikas Singh referred to the 2005 judgment in the Jacob Mathew case, which dealt with FIRs against doctors in medical negligence cases and mandated a preliminary examination by an expert committee comprising doctors before registration of FIR. Singh said it can similarly be laid down that lawyers can be summoned only after approval of a magistrate court. Attorney General R Venkataramani said it will amount to giving a 'long rope. That may not be required'. He said he will submit his views including 'where the line should be drawn'. Solicitor General Tushar Mehta said he should never be called for giving a professional opinion. He said that if a lawyer commits an offence, no exceptions should apply. Agreeing, the CJI said, 'You were referring to a lawyer advising how to dispose of a dead body or fabricate evidence. That will be covered by section 201 IPC (causing disappearance of evidence).' On the suggestion for a court approval to issue summons to lawyers, the SG said, 'Some separate regime being provided for one class of people may not withstand Article 14.' The CJI, however, pointed out that the ruling in the Jacob Mathew case also creates a separate class and asked the SG, 'Have you sought a review of the judgement?' Mehta said he was not opposing the decision in Jacob Mathew. In a note submitted to the court, the SG said, 'Whatsoever. It is unequivocally submitted that the attorney-client privilege is an important and one of the most sacrosanct principles of law and must remain so.' 'The core objective of attorney-client privilege is to promote open and frank communication, ensuring that litigants can candidly disclose all relevant information to their lawyers without fear of subsequent compelled disclosure. This uninhibited exchange is vital for advocate/lawyers to provide proper legal advice, which in turn encourages compliance with the law and facilitates effective legal representation. This protection encourages transparency in the legal advice process, fosters respect for the rule of law, and enhances the adversarial system by ensuring that parties can prepare their cases without fear. It is pertinent to note that this privilege is to protect the litigants and at the same time, confers a qualified privilege to the lawyers.' Mehta said 'lawyer's privilege of not disclosing his communication with his client is a recognised statutory right under Sections 126-129 of the Indian Evidence Act, 1872 [now repealed] and continues to be so under Sections 132-134 of the Bharatiya Sakshya Adhiniyam, 2023'. He added that 'if a lawyer has participated in any act which amounts to or is a subject matter of an offence, beyond his professional duty, the same law which applies to others will apply to lawyers also'.
Time of India
12-06-2025
- Health
- Time of India
HC quashes FIR against doctor, nurse accused of administering expired vaccine to infant
Chhatrapati Sambhajinagar: The Aurangabad bench of the Bombay High Court has quashed the FIR and criminal proceedings against a doctor and nurse from Beed district who were accused of administering an expired vaccine to an infant in Nov 2022. The division bench of Justice Vibha Kankanwadi and Justice Sanjay Deshmukh passed the order on Monday in a criminal application filed by Dr Sharad Madhukar Pawar, who runs Pawar Hospital at Majalgaon in Beed district, and his subordinate nurse, Sonali Chandrasen Gore. The FIR in the case, registered by the Majalgaon city police on Dec 26, 2022, and the subsequent criminal case before the Judicial Magistrate First Class, Majalgaon, invoked Section 336 (act endangering life or personal safety of others) with Section 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code, as well as provisions of the Drugs and Cosmetics Act and Rules. The case originated from a complaint by drug inspector Ashok Dharak, who acted on a news report claiming an expired rotavirus vaccine was administered to an infant at Dr Pawar's hospital. The complaint alleged that the vaccine administered on Nov 7, 2022, expired in March that year. The child, however, remained in good health and did not suffer any adverse effects. In the case, lawyer Mayur Salunke represented Dr Pawar, while nurse Gore was represented by lawyer Pawan Gore, appointed by legal aid. During the hearing, the bench noted that the child's maternal grandfather and mother both gave statements affirming that the doctor took immediate remedial measures. According to their statements, Dr Pawar kept the infant under observation at his hospital the entire dayto check for any side-effects. The vaccine manufacturer, Pune-based Serum Institute of India, in its communication dated Nov 21, 2022, stated that ROTASIIL, the vaccine in question, was considered safe even after expiry if stored properly and that no adverse effects were documented in post-marketing studies. The court emphasised that there was no criminal intent or gross medical negligence involved. It relied heavily on the Supreme Court's guidelines in Jacob Mathew vs State of Punjab (2005), which underlined that medical professionals should not be prosecuted under criminal law unless there was prima facie evidence of gross negligence, backed by an independent expert medical opinion. "It is the mistake. No element of criminality is involved," the bench observed. It further stated that the FIR was registered by the drug inspector without obtaining any opinion from a qualified medical expert, a key procedural requirement under the Jacob Mathew judgment. Even the medical board of Swami Ramanand Teerth Rural Govt Medical College, Ambajogai, could not provide any conclusive opinion on adverse effects of expired ROTASIIL on a one-and-a-half month child. The court noted that the offences under the Drugs and Cosmetics Act required a formal complaint to be filed directly before a court by the designated authority. "In other words, the FIR as per Section 154 of CrPC is not maintainable for the said violations," the bench observed. Calling the continuation of proceedings "an abuse of process of law", the bench quashed the FIR and the criminal case against both Dr Pawar and nurse Gore.
Tourism Breaking News
24-03-2025
- Business
- Tourism Breaking News
Satguru Travel and Tourism wins ‘Fastest Growing Travel Management Company – Bahrain'
Post Views: 58 Satguru Travel and Tourism won the title of 'Fastest Growing Travel Management Company – Bahrain' at the seventh edition of the Arabian Travel Awards 2024. 'Winning the Fastest Growing Travel Management Company 2024 award is a proud milestone for Satguru Travel. It boosts our credibility, showcases our dedication to excellence, and enhances marketing efforts to attract new clients. The award also opens doors to networking opportunities, fostering collaborations for further growth. As this is our first time receiving this prestigious award, it has greatly enhanced our credibility and visibility in the market. This recognition validates our commitment to excellence and inspires our team to continue setting benchmarks for innovation and customer satisfaction in the travel industry.' – Jacob Mathew, Head of Bahrain Branch, Satguru Travel & Tourism WLL – Bahrain
