IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 21402 of 2009(Q) -------------------------- PETITIONER: --------------- A.T.MANI, W/O.UNNIKRISHNAN, AGED 71 YEARS, KUTTIPARAMBIL THEKKETHIL, MAHADEVICAUD P.O., KARTHIKAPALLY, ALAPPUZHA DIST. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, HOME DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, PHQ, THIRUVANANTHAPURAM. 3. THE CENTRAL BUREAU OF INVESTIGATION (CBI) REP. BY ITS DIRECTOR, NEW DELHI. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CBCID, KOLLAM. 5. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 6. DR.B.RAVIKUMAR, KOZHIKODE HOUSE, TC 9/2160, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R3 GOVERNMENT PLEADER SRI.S.U.NAZAR SRI.NAGARAJ NARAYANAN FOR R6 SRI.SAIJO HASSAN FOR R6 SRI.A.S.SABU FOR R6 SRI.RAFEEK. V.K. FOR R6 SRI.PRATHAP PILLAI FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P.(C).No.21402 of 2009 -------------------------------------- Dated this the 15th day of June, 2010 JUDGMENT The petitioner who is a senior citizen and a retired staff nurse presently a patient in the Regional Cancer Center, Thiruvananthapuram seeks a direction to entrust the investigation of Crime No.378 of 2004 of Ochira Police Station to the Central Bureau of Investigation or any other competent higher officer for an effective investigation regarding the death of her daughter Lakshmi and also seeks to quash Ext.P6 report of the Expert Panel headed by Dr.Poly, Chief District Medical Officer of Health which is to the effect that there is no evidence to suggest there was negligence on the part of the Doctors of Parabrahma Speciality Hospital, Ochira. 2. Lakshmi the 24 year old daughter of the petitioner was proceeding to Vavukavu on 14/12/2004 for attending a marriage. She was traveling with her husband in their car. When they reached near the Parabrahma Speciality Hospital since Lakshmi was having some uneasiness of stomach, they decided to consult a Doctor there. According to the petitioner, she was initially examined by the casualty medical officer, W.P.(C)No.21402/2009 : 2 : Dr.Ajith and later on by Dr.Sivarama Krishna Pillai (Surgeon), Dr.Girija (Gynecologist) and Dr.Ravikumar (Physician). Ampicillin injection was administered to her after she was admitted in the maternity ward. Noticing that she developed anaphylactic reaction to the injection the patient was given two other injections of efcorlin and dexona in addition to an injection of Diazepam 10 mg given intravenously. By that time the condition of the patient became worse. Finding that she could not be managed in that hospital, the physician referred her to V.S.M Hospital, Mavelikkara at 12.15p.m on 14/12/2004. Lakshmi was taken to the V.S.M Hospital in an ambulance. The cardiologist found her clinically dead. Resuscitation measures attempted on her were futile and she was declared dead. Her dead body was released to the relatives without informing the police. As per the death certificate issued by Dr.Ravikumar (the 6th respondent herein) Lakshmi died due to the cardiorespiratory arrest consequent on the reaction of Ampicillin injection. 3. On the basis of a complaint dated 21/12/2004 preferred by the petitioner before the Sub Inspector of Police, W.P.(C)No.21402/2009 : 3 : Ochira the above case was registered by Ochira Police as Crime No.378/2004 under Section 174 of the Code of Criminal Procedure. By that time the dead body had been cremated at the residence of the Lakshmi's husband. During the course of investigation of this case the dead body was exhumed and inquest was held over the exhumed body on 18/1/2005. Thereafter the body sent for post-mortem examination which did not show any positive evidence of natural disease or violence as the cause for death. Chemical Examination did not reveal any poison in the viscera materials and other internal body organs preserved. 4. At the initiative of the Superintendent of Police, Kollam, and the District Medical Officer, Kollam constituted a Medical Board for the purpose of ascertaining whether there had been any medical negligence on the part of doctors who treated Lakshmi. The Expert Panel finally submitted Ext.P6 Expert opinion to effect that there was no evidence to suggest negligence on the part of the Doctors who had treated Lakshmi. On the basis of above report, the Deputy Superintendent of Police, Karunagapally submitted a final W.P.(C)No.21402/2009 : 4 : report referring the case as “Mistake of fact”. Since the above Expert Panel was not in accordance with G.O.No.73304/SSB III/2007-Home dated 16/6/2008 and also since the above conclusion was reached by the Expert Panel without perusing the statements of the medical officers who had treated the deceased as the recorded statements were illegible, action was taken to constitute an appellate panel for getting expert opinion regarding the circumstances which led to the death of Lakshmi. In the meanwhile the investigation of the case was entrusted with crime branch police which re-registered the case as CBCID Crime No.57/CR/KLM/09. An appellate panel which is also called State Level Apex Body was constituted to analyse the cause of death of Lakshmi. In its report dated 27/2/2010 the apex body opined that there was collective negligence on the part of all the doctors who attended the case of Lakshmi after she was admitted in the Parabrahma Speciality Hospital as an emergency case. 5. In the light of the recent opinion given by the apex body the investigation of the case will definitely take a new turn. I see no reason to hold that the investigation presently W.P.(C)No.21402/2009 : 5 : conducted by the Detective Officer, CBCID is not proceeding on proper lines. Accordingly, this Writ Petition is disposed of directing the Detective Inspector CBCID, Kollam to continue the investigation under the supervision of 4th respondent, Deputy Superintendent of Police, Crime Branch CBCID, Kollam and to complete the same within three months of the receipt of a copy of this judgment. The final report in the case shall be filed before the Magistrate, Karunagapally on or before 22/9/2010. V.RAMKUMAR, JUDGE skj