In a first, SC's full court decides to issue showcause to senior advocate
New Delhi (PTI): The Supreme Court has decided to issue a showcause notice to a senior advocate asking why the designation conferred upon him by the apex court should not be revoked.
The unprecedented decision comes in the wake of allegations of misconduct against senior advocate Rishi Malhotra.
A full court, convened by Chief Justice Sanjiv Khanna, and comprising all apex court judges on the administrative side unanimously decided on the decision.
The top court had passed strictures against Malhotra on February 20.
He is accused of suppressing material facts in multiple cases of premature release of prisoners aside from making misleading statements despite warnings of the top court.
The full court, which authorised its secretary general Bharat Parashar, to issue the showcause notice, said Malhotra should be given one more opportunity to explain his conduct before being stripped off the senior designation.
In its February 20 verdict, a bench of Justice Abhay S Oka and Augustine George Masih flagged his conduct in a recent case while accusing him of not disclosing that the top court had barred the convict's remission for 30 years.
Similarly, Malhotra was found by the court to have misled the apex court on other occasions.
"We make it clear that we are not recording any final finding against Rishi Malhotra, senior advocate, on the question whether his designation can be withdrawn. We leave it to the Chief Justice of India to take a call on this issue," it had said.
The bench said what it had reproduced was "borne out from the record".
Malhotra, it said, was designated as a senior advocate on August 14, 2024.
"The conduct of the advocate reflected from the orders of this court passed in this very appeal, and other cases where the advocate appeared raises an important question of whether the decisions of this court in the case of Indira Jaising-I and Indira Jaising-II, which lay down the guidelines for designation of senior advocates by this Court and high courts across the country under the 1961 Act, need reconsideration," it added.
The bench wondered it the system of senior designation set up under these decisions had "really worked effectively".
"A serious introspection is required to answer the question of whether the rules framed in terms of the said decisions have ensured that only deserving advocates are being designated," it said.
The bench said it neither could disagree with the two binding decisions nor take a contrary view.
"However, all that we are doing is expressing a few serious doubts and concerns. We propose to direct that this issue be placed before the Chief Justice of India to consider whether the issue needs to be reconsidered by a Bench of appropriate strength," it said.
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Pregnant woman turned away twice by MP health centre nurses, loses newborn; probe ordered
Ratlam, Mar 28 (PTI): An inquiry was ordered after a pregnant woman in Madhya Pradesh's Ratlam district was allegedly turned away twice from a health centre and her newborn died after she delivered hours later while being rushed to the facility on a hand-cart by her husband.The incident took place in Sailana town in the intervening night of March 23 and 24, officials said on Friday.
The video of the man taking his wife to the hospital for a third time went viral on social media.
"At 9am on March 23, Krishna Gwala, a resident of Kalika Mata Mandir Road in Sailana, took his wife Neetu to the community health centre where nurse Chetna Charel sent them away saying the delivery would take place after two-three days. At 1 am, she again experienced labour pains and was rushed to the hospital," said Sailana Sub Divisional Magistrate Manish Jain.
"This time nurse Gayatri Patidar refused to admit Neetu post examination saying delivery would be after 15 more hours. The couple returned home. After she felt labour pains, her husband took her to hospital in a hand-cart for the third time," he said quoting the complaint.
She delivered at 3am enroute but was later told by health authorities that the newborn had died.
"Gwala has blamed the hospital management for the death of the child and has demanded action. A thorough probe will be conducted into this incident," Jain said.
Dr MS Sagar, the in charge CMHO of the district hospital, said Collector Rajesh Batham ordered an inquiry into the death of the newborn."The investigation at the district level found negligence in duty. A show cause notice has been issued to Sailana Block Medical Officer (BMO) Dr PC Koli. A letter has been sent to the state Commissioner of Health Services seeking action against on duty doctor Shailesh Dange," he said.
Nursing officer Chetna Charel has been suspended with immediate effect while services of NHM contract nursing officer Gayatri Patidar has been terminated, he said.
