Outside the private neonatal hospital where a fire killed six newborns and injured five
NEW DELHI: A court on Monday rejected the bail plea of a doctor working at a private hospital where a fire broke out on May 25. Seven newborns died and five were injuredHe said there was no logical explanation as to why the accused, though an Ayurvedic doctor, was working in the most critical ward of the neonatal care facility.
The court also criticised as “grossly insensitive” the doctor’s statement that the baby was not a fire victim because he had died of suffocation rather than burns.
At the time the hospital fire broke out, Chief Metropolitan Magistrate Vidhi Gupta Anand was hearing a bail petition filed by Dr Akash, who was on duty at the time. Dr Akash and the hospital’s owner, Dr Naveen Khiti, were given 14-day custody on May 30.
The court denied the allegation that the accused was working at the hospital as a medical intern and said investigations revealed that he was providing treatment to the infant and giving prescriptions.
“Despite knowing that as a Bachelor of Ayurvedic Medicine and Surgery (BAMS) as per the Haryana Medical Council certificate he was entitled to practice as a doctor only in the state of Haryana, the accused Dr Akash willingly started working in the Neonatal Intensive Care Unit (NICU), which is the most sensitive area in the hospital,” the court said.
“No logical reason has been given as to why Dr Akash, despite being a BAMS doctor, was keen to learn the practice of allopathic medicine and that too by working in the critical care ward of the hospital,” he added.
The court rejected arguments by the doctors’ lawyers that they should be praised for their efforts to save the children.
“Police investigation revealed that the man fled the hospital when the fire broke out and instead of calling the police or fire department, called the hospital management, wasting around 30 minutes in the process that could have saved the newborn’s life,” the statement said.
The court said the defense lawyer’s statement that the baby was not a victim of the fire because he had died of suffocation rather than burns was “highly insensitive” and without any basis.
“There is no doubt that the alleged offences are serious and the investigation is still in its early stages. There are several aspects of the investigation which have yet to be investigated in detail, including my role as the suspect’s supervisor, my role in retrieving prescriptions signed by the suspect and my role in delaying reporting the matter to police and fire services,” he added.
The court said it could not rule out the possibility of the doctor fleeing legal proceedings and influencing witnesses.
As per precedent, the accused has to approach a higher court judge for bail, the court said. “Accordingly, the accused’s bail application is dismissed,” the court said.
A massive fire broke out at BabyCare Newborn Hospital in Vivek Vihar, East Delhi on the night of May 25. The hospital was allegedly operating illegally with an “expired” licence and without any clearance from the fire department.
