In a case that could reverse its earlier verdict ? that doctors in medical negligence cases were not criminally liable ? the Supreme Court on Monday issued notices to three Calcutta doctors, asking them to reply why their conviction in the Anuradha Saha death should not be upheld.

A division bench of Justices B.N. Aggarwal and A.K. Mathur issued the notice on a special leave petition by Malay Ganguly, challenging the acquittal of Sukumar Mukherjee, Baidyanath Haldar and Abani Roychowdhury by Calcutta High Court.

The three were charged with ?criminal negligence? under Section 304A for causing the death of US-based Anuradha during her visit to the city in May 1998.

Mukherjee and Haldar were convicted and sentenced to rigorous imprisonment by an Alipore trial court on May 29, 2002. Roychowdhury was acquitted. On an appeal, the high court acquitted the three on March 19, 2004.

Petitioner Ganguly?s counsel Sushil Kumar and Aveek Datta argued before the apex court bench that the high court had erred in acquitting the three doctors. The judges, too, expressed concern over the high court judgment.

A bench of Justices Y.K. Sabharwal and D.M. Dharmadhikari had recently held that doctors involved in medical negligence cases may be liable for civil compensation, but could not be held guilty of criminal negligence. The verdict was issued in the Sushil Gupta case.

Another division bench, of Justices Arijit Pasayat and C.K. Thakker, however, disagreed with the judgment. They referred a case of medical negligence, involving Thomas Mathew, to a larger bench. Now, the Anuradha Saha case, too, may be referred to a larger bench.

Justices Pasayat and Thakker had made it clear that ?doctors could not be treated differently? and that the Indian Penal Code provided for ?criminal negligence?.