Dr Ramesh Ganesan recently asked a medicolegal question, with relevant talking points, on the Consumer Resources’ blog — should the Judiciary also come under CPA (Consumer Protection Act)? There have been cases in the courts of our country, that seem to be open-and-shut ones to everyone else but the judges, who often give a judgment that flies in face of all evidence.
For example in the Salman Khan hit-and-run case, the lower court judge and the High Court judge had the same pieces of evidence to deal with. They also had the same Indian law to abide by and most probably they had similar education qualifications too. Yet, they gave verdicts that were poles apart.
In the Aarushi Talwar case, writer Avirook Sen, in his book on the investigation and trial of the murder of teenager, Aarushi, has said how the judge had started writing his judgement even before the trial was over.
Tarikh pe tarikh
But High Court lawyer Sharad Gupta argues, “A patient being diagnosed with gastritis in a government hospital and later diagnosed with myocardial infarction can happen in any hospital. Wrong diagnosis will lead to wrong treatment which could at times be life threatening. Hence, strict action needs to be taken to ensure that such things don't happen again. “In judiciary there is no immediate loss of life or loss of any body part, but of course there is mental agony to the wrongly accused person and to his family.
Need large-scale correction
Is it not appalling that a judge takes years to give a wrong verdict and gets away with it while a doctor making one mistake faces prosecution, sometimes losing his licence to practice?“Each judge inherits pendency of large sizes and has to fall back on pathetic infrastructure. Let’s not forget that the functional judicial system is woefully outdated,” reasons L. Ravichandar, designated senior counsel of the Supreme Court and High Court.
Self defeatist
He adds, “Judges don’t give wrong verdicts — they are backed up with a set of reasons. The route is self-defeatist. A Consumer Forum judge, too, is a judge, and what if he goes wrong? When you judge, you balance various factors. The balance could be wrong, but not negligent.”
All are accountable
However, Dr Rajneesh Reddy, consultant surgeon Apollo Hospitals, feels, “Leave alone doctors or judges. Judges and even politicians are answerable to people. There should be some sort of methodology to deal with this.”
Not comparable
Eminent High Court lawyer Niranjan Reddy says, “The idea of prosecuting a judge for a wrong judgment is itself repugnant to a multi-tiered judicial system and the Constitution. A judge’s job is entirely distinct while a doctor is master of his diagnosis and has everything under his control. A judgement is dependent on many variables, including the manner in which the case is presented.”
Capping on the fee
When asked, should the government put a capping on the fee that lawyers charge to get justice for the clients they represent, Ravichandar says, “Certainly not. Services are not products. It is terrible to get the government into regulating fees payable for professional services.”
Need a System to monitor both
Summing it all up, Dr Alla Gopala Krishna Gokhale, consultant cardiothoracic and transplant surgeon, Apollo Hospitals, says, “With the evidence in hand, if lawyers and doctors do not come to a reasonable conclusion, which results in a major harm to the client/patient, it is fair to take action on them.
“I think we should evolve a system to see that justice and medical system are monitored with the aim to help people and not to deter people from becoming judges or doctors.”
