Aug. 31: Chief minister Mamata Banerjee has filed a sworn personal affidavit in the Supreme Court to affirm that Sukumar Mukherjee, a doctor convicted of causing a patient's death by medical negligence, had been removed from the post of chief adviser to the state health and family welfare department on November 26, 2015.

The affidavit was filed on August 25 in response to a special leave petition dating back to 2012. US-based doctor Kunal Saha had moved court against Mukherjee's appointment on the ground that the consultant had been held guilty of medical negligence leading to the death of his wife Anuradha in 1998 at AMRI Hospitals.

Although Mukherjee was dropped as an adviser to the health department long ago, he has found a new role. Mukherjee is part of the West Bengal Clinical Establishment Regulatory Commission, which has been vested with the powers of a civil court and can cancel the licence of a private hospital for alleged medical negligence or not complying with the state's new clinical establishments act.

Formed in March, the commission can also levy penalties and recommend action against doctors accused of negligence.

Saha has objected to this appointment as well. In an email from the US, he said: "It is shocking that while Dr Mukherjee was removed from the post of 'chief adviser', as we now come to learn from Ms Banerjee's affidavit, he was recently appointed by our CM as the senior medical member in the powerful health commission to judge all complaints of 'medical negligence' against other private doctors/hospitals in Calcutta."

Saha has already filed a PIL challenging Mukherjee's appointment to the commission. That petition is pending for disposal in Calcutta High Court.

"I will now bring this new revelation by our CM that Dr Mukherjee was appointed as a member of the health commission despite his removal from the post of 'chief adviser'," he wrote.

Saha had moved the apex court in 2012 after the high court asked for Mamata's name to be deleted from the list of respondents in the writ petition filed by him to challenge Mukherjee's appointment on July 12 that year. Based on his special leave petition, the apex court issued a notice to Mamata on October 19, 2012.

The chief minister's affidavit five years later gives no explanation for the delay.

Mukherjee had been part of the medical team at AMRI Dhakuria, where Saha's wife Anuradha died in 1998. In 2013, the apex court ordered compensation of Rs 6.08 crore - totalling Rs 11.55 crore with interest - to be paid by AMRI and the convicted doctors.

Mamata said in her affidavit that in view of Mukherjee's removal from the adviser's post, Saha's petition had become "infructuous" and should be "dismissed". She also stated that the move to appoint Mukherjee was the collective decision of an "expert group committee".