Srinagar, Jan 18: A court here on Wednesday rejected bail application of two private security guards of LD Hospital accused of demanding money for an attendant.
“Infamous culture of demanding “chai” (demand for money) has normalized corruption in our society and the people who demand the same justify it by calling a bribery as ‘goodwill amount,” the Court observed while deciding the bail application of two private security guards of LD Hospital, accused of demanding “Chai” for allowing to take the newborn child out of ward which caused delay in treatment and subsequent death. The security guards are accused of culpable homicide not amounting to murder.
After hearing prosecution and defence counsel, the Court of Additional Special Magistrate (Duty Magistrate), Srinagar, presided over by Shabir Ahmad Malik, said that instant case has to be looked with a different eye, having regards to the prevailing circumstances, and infamous culture of “chai” prevalent in the society.
“It is very unfortunate that some people demand it (chai) as a matter of right,” Court observed. “ This infamous culture of demanding “chai” has normalised corruption in our society and this high time that people should realise that demanding so-called “chai” is not only wrong morally but is illegal as well,” it said.
“In the instant case unfortunately the complainant lost his precious child to this infamous culture “chai” as such the matter is very grave and serious. The offence allegedly committed by the accused is grave and serious as such affecting the larger interest of society,” court said.
It added that the act of the accused is prejudicial to the whole society.
Court said that according to the prosecution story, the death of the new born was caused due to the delay caused by the accused by stopping the complainant to take the newborn to the Neonatal Intensive Care Unit (NICU).
“It is important to mention here that the fact that the newborn child was shifted to the NICU (Neonatal Intensive Care Unit) suggests that the newborn required immediate medical care. However, it was imperative upon the concerned medical authority to take the newborn to the NICU instead of handing over him to the father or any other relative,” court said.
It added that perusal of the case dairy file reveals that no investigation has been conducted regarding probably medical negligence.
“However, considering the facts and circumstances of the instant case the medical negligence in the instant case can neither be attributed nor ruled out completely therefore, the investigation regarding the same is imperative,” court said.
The court added that Investigating Officer shall make endeavour to investigate whether there has been any medical negligence in the instant case.
“Needless to mention that the Superintendent of LD Hospital shall render all the possible assistance to the Investigating Officer of the case failing which Investigating Officer is at liberty to proceed against any person who does not cooperate with the investigation of the case.”
While referring to various provisions of law, Supreme Court judgements, and facts and circumstances so the instant case, the court said that instant bail application is rejected.