New Delhi, Oct 8 : The Supreme Court on Thursday permitted three doctors accused of abetting the suicide of Payal Tadvi to re-enter college to pursue their postgraduate studies.
Tadvi had committed suicide on May 22, 2019 after facing harassment by three of her seniors at the Topiwala National Medical College and BYL Nair Hospital in Mumbai.
A bench comprising Justices U.U. Lalit, Vineet Saran and Ajay Rastogi said: “While balancing the competing claims, in our view, the appellants (three doctors) must be allowed to go back to their courses of study, otherwise the pendency of prosecution against them will add further penalty in the form of prejudicing their career. Any such adverse impact will negate their rights under Article 21 of the Constitution.” It has been alleged that three doctors — Ankita Kailash Khandelwal, Hema Suresh Ahuja and Bhakti Arvind Mehare — humiliated and made adverse remarks about the caste of Tadvi, who was a Dalit.
Though the accused were granted bail by the Bombay High Court, they were not allowed inside the BYL Nair Charity Hospital premises, where they were working. The three doctors, who are pursuing MD in Gynaecology and Obstetrics at the Topiwala National Medical College, said they are just accused and even a convict is allowed to pursue academics.
Senior advocate Indira Jaising, appearing for Tadvi mother, submitted that in the face of suspension by the college, the appellants cannot be allowed to resume their course of study.
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