Fw: SLP & IA in Supreme Court

[HOPE CLINICS]

Dear All

On 30th May 2016 Junior doctors selected for Post graduation at KGMC Lucknow went on strike as Government asked them to leave their PG seats for a revised list selected on basis of  weightage given to rural service as decided in the matter by Supreme court. A PIL had been filed in Lucknow Bench of Allahabad High Court by a local advocate Moti Lal Vora on basis of a newspaper report dated 1/06/2016 and a decision was given by the honourable court on 02/06/2016 even though strike had already been called off . The court ordered the Government to pay 25 lacs to family of each of the deceased persons who died due to the strike during those 2 days. This amount was to be recovered from doctors who had gone on strike and criminal and tortious action by appropriate authorities / persons against these striking doctors  was also part of the order. The case had been filed on 2nd June and decided also on the same date without giving any opportunity to the striking doctors to hear their arguments.

We at Medicos Legal Action Group were very disturbed with the outcome and after consultations decided to approach the honourable Supreme Court. With assistance of Dr M C Gupta, Sh A K Aggarwal Adv. And Sh Siddharth Luthra Senior Advocate, the honourable Supreme Court agreed to send notices to respondents without granting any stay on the High Court order. There were two aspects in the matter;

1) The inordinate hurry in giving a decision with grave implications without hearing arguments of the striking doctors themselves.

2) On what basis was it decided that strike of the doctors was the causa causans for the deaths, or that deaths were not due to factors which cause death in hospitals even where no strike is there by a small fraction of doctors working in it.

3) Whether Doctors have a right to protest peacefully against injustice meted out to them.

This matter has also been clubbed with the Intervention application filed by us in 2019 in the case of People for Better Treatment vs Secretary Indian Medical Association which is a contempt petition against IMA on the issue of strikes by Doctors where also we have asked to be impleaded in 2019.

Both matters came up for hearing on 11/02/2025 and since we came to know at the last minute we asked for adjournment. In an earlier post I had made an appeal for funds to support the legal battle in this case which is still woefully short of what is needed. Also we are unaware of what finally happened in Lucknow KGMC after no stay was granted by Supreme Court against the judgment of Lucknow Bench of Allahabad High Court. To give instructions to our advocates we need to know;

1) What action was taken by the administration of KGMC / Government of UP against the striking doctors in 2016 after the High Court verdict.

2) Funds ; Contributions from everyone if we are going to have any say in Supreme Court at all on such a crucial matter as this basic issue of whether Doctors have basic fundamental rights.

a. Right to protest peacefully

b. Right to be legally represented & heard before a judgment is passed against them.

Kindly oblige by providing information of action taken by authorities as well as donating funds to MLAG. 

Dr  Neeraj  Nagpal 

Managing Trustee,Medicos  Legal  Action  Group (MLAG)

Ex  President  IMA  Chandigarh

Director Hope Gastrointestinal Diagnostic Clinic,

SCO  1066-67 Aerodale  Market, New Sunny  Enclave Sector  123 Mohali 140301  

09316517176, 9814013735

HOPE CLINICS;9465109935, 9478082176

email; hopec...@yahoo.com, hopec...@gmail.com mlagin...@gmail.com

For  Contributions; "Medicos  Legal  Action Group"  Ac  No 499601010036479  IFSC code  UBIN0549967 Union Bank Sector  35 C Chandigarh; 

Website; http://www.mlag.in

you can also follow  us  at https://www.facebook.com/medicoslegalactiongroup