NASEEMA FIRDOUS Vs. STATE OF J&K

JUDGEMENT

(1.) ONE day by the name of Mst Shakeela was admitted in Lal Ded Hospital Srinagar. She was so admitted on 16.3.1998. She died on 19.3.1998. Her husband lodged an FIR. This was to the effect that death of the wife was caused on account of negligence of Doctors attending on his wife. Petitioners are said to be Doctors who were so attending.

(2.) THE matter remained under investigation. Chief Judicial Magistrate Srinagar took cognizance of the matter. He expressed an opinion that the police authorities are not conducting investigation properly. Certain directions were given. These are contained in the order passed by the CJM Srinagar. This order is dated 28.7.1998.

(3.) THE further fact which has given rise to the filing of this petition is that the respondent -authorities have decided to hold a departmental inquiry with regard to the above incident. A preliminary inquiry was held. In this inquiry Head of the Department of Gynecology and Obstetrics Govt. Medical College Srinagar is said to have been associated. The name of said Doctor is Dr. Bilquees Jamila. Further action is also in contemplation. It is this step taken by the respondent -authorities to proceed departmentally against the petitioners which is subject matter of challenge in this writ petition.