This Article is From Oct 19, 2012

Supreme Court notice to Mamata Banerjee on appointment of convicted doctor as advisor

Supreme Court notice to Mamata Banerjee on appointment of convicted doctor as advisor
New Delhi: West Bengal Chief Minister Mamata Banerjee's decision to appoint Dr Sukumar Mukherjee as Chief Advisor to Health Department has run in to trouble.

The Supreme Court has issued notice to Ms Banerjee on why she should not be made as a party in a Public Interest Litigation or PIL pending before the Calcutta High court challenging her decision.

The petitioner, Dr Kunal Saha, had approached the High Court challenging this appointment. The High Court deleted the name of the Chief Minister as one of the respondents.

This decision was challenged in the Supreme Court by Mr Saha. His lawyer argued that Dr Mukherjee was indicted by the Supreme Court for medical negligence in the death of Mr Saha's wife, who was being treated by Dr Mukherjee.

The petitioner argued that how can a doctor who was indicted by the Supreme Court can be made an advisor.

However, the top court clarified that the notice does not mean that the allegations made against Ms Banerjee had credibility or otherwise.

The Supreme Court also said, "Prima facie, having regard to allegations, the High Court ought not to have deleted her name from the array of parties."

It said that without her being made a party, malafides in facts can't be decided by the High Court.

The court also issued notice to the state government, Dr Sukumar Banjeree, thr Medical Council of India and others. It has asked all the parties to reply within six weeks.

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