The Supreme Court, while hearing a public interest litigation challenging the live demonstration of medical surgeries to trainee doctors and professionals at medical conferences, recognized the case as involving a serious matter of public interest and state policy.
As a result, even though there were doubts about the petitioners' locus, the Court affirmed that it would not refrain from addressing the issue.
A division bench of Justices Surya Kant and Ujjal Bhuyan heard brief submissions on the case but adjourn the matter due to the absence of counsel from the Union of India and the National Medical Commission.
Recognizing the necessity of their representation, the bench directed the Registry to communicate the order to the Standing Counsel for the NMC and the Attorney General's office.
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During the hearing, Senior Advocate Gopal Sankaranarayanan, representing the petitioners, informed the Court that 38 live medical operations had been conducted in the past month.
Upon reviewing the record, Justice Kant remarked, "This has a very serious impact…and pertains to state policy."
When a counsel appearing for the respondents sought to contest the petitioners' locus to file the PIL, the judge cut him short, saying, "for serious cause, we don't care about the locus".
Mr. Rajiv Joshi, a doctor and lawyer from Pune, appeared on behalf of the Medico Legal Society of India, seeking to intervene in the matter. The Court granted the application, allowing the Society to assist in the proceedings.
Case Title: RAHIL CHAUDHARY AND ORS. Versus UNION OF INDIA AND ORS., W.P.(C) No. 1141/2023
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