Kerala HC Allows Doctor Who Is Accused In An Abetment Of Suicide Case To Rejoin PG Course
The Kerala High Court allowed a Doctor, who was arrayed as an accused in an abetment of suicide case, to rejoin his Post Graduate Medical Course.
The Court noted that irreversible loss will be caused if he is not permitted to rejoin.
The Bench of Justice Mohammed Nias C.P. held, “Taking into account the merit of the petitioner and the fact that irreversible loss will be caused if he is not allowed to continue his studies, by way of an interim order, I direct the respondents to permit the petitioner to re-join for the course forthwith by staying the operation of Ext.P1 and all the further proceedings including order dated 2.3.2024. Orders in this regard shall be passed within a week from today. The respondents will take such measures to avert any untoward incident in the college on account of the petitioner rejoining the course.”
Senior Advocate C.C. Thomas appeared on behalf of the Petitioner and Government Pleader P.G.Pramod and Standing Counsel P. Sreekumar appeared on behalf of the Respondents.
The Petitioner had a relationship with a lady doctor, who was also a PG student in the same Medical College. Allegedly, the Petitioner had demanded a huge amount of dowry for the finalization of the marriage, and therefore she committed suicide. He was arrested but later released on bail. Subsequently, he was suspended from the college.
The Court also observed, “Taking into account the fact that the petitioner is only an accused in a crime, of course, the charges are serious, and that he had obtained admission on merit for the Post Graduate course, keeping him away from studies pending the enquiry or trial would place him in such a situation where the damage would become irreversible in case, the charges are not proved.”
The Court said that it is trite that even convicts have certain fundamental rights despite being found guilty and there is a presumption of innocence as far as an accused is concerned.
Accordingly, the Court passed the interim order.
Cause Title: Dr. Ruwise E.A. v. The Principal Govt. Medical College and Ors.
Appearances:
Petitioner: Senior Advocate C.C. Thomas, Advocates M.G. Karthikeyan and Nireesh Mathew
Respondents: Government Pleader P.G. Pramod, Standing Counsel P. Sreekumar.