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Regular-article-logo Thursday, 02 April 2026

Doctor licence debar case

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R. VENKATARAMAN Published 12.10.04, 12:00 AM

New Delhi, Oct. 12: The Supreme Court today said it would ?consider? suggestions to suspend the licence of doctors convicted in medical negligence cases resulting in death.

A division bench of Justices Shivaraj V. Patil and B.. Srikrishna said this while reserving order on a public interest petition seeking a directive to the Medical Council of India (MCI) and its state counterparts to act on a complaint against a doctor within six months.

The petition filed by Malay Ganguly, secretary of People for Better Treatment (PBT), a non-government organisation, also said that if a doctor is convicted by a trial court, his licence to practise should be suspended till the appellate court acquitted him.

The judges said the parties to the petition ? the MCI, all state medical councils and the PBT ? could file written submissions and suggestions before October 25.

?We will do it in the public cause,? Patil said, adding that the system should be ?streamlined? to bring errant doctors to justice.

A piquant situation has arisen with the MCI contending it did not have powers to punish a doctor registered with a state council. On the other hand, several state councils, including the Bengal unit, have told the court they cannot punish a doctor ?directly registered? with the MCI.

The state councils have also argued that they cannot act against a doctor who ?initially registers with a state medical council, but shifts his practice to some other state?.

The court suggested that like bar councils, the MCI could compel a doctor to register with his respective state council. If he shifted, he should update his registration.

The PBT said ?the licence of a physician should be suspended immediately if prima facie evidence of flagrant medical violation is established?. The axiom ?innocent till proven guilty? should not be followed as the lives of innocent patients are at stake.

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