The Kerala High Court, on 17th June 2025, appointed Advocate Akash S. as Amicus Curiae to help the Court frame comprehensive guidelines for Expert Committees dealing with medical negligence cases.
These Expert Committees are formed to offer impartial medical opinions when doctors are accused of negligence. This structure stems from the Supreme Court's directive in the landmark Jacob Mathew v. State of Punjab (2005), which stated that no criminal case should proceed against a doctor without an independent and competent medical opinion.
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The present case, Dr. Mohammed Rizwan T. v. State of Kerala and Another (Crl.MC 3414 of 2025), involves a doctor charged under Section 304A IPC, alleging death of a patient due to negligence. The petitioner contended that he was neither heard by the Expert Committee nor provided a copy of its report.
"It is fundamental for the Committee to consider the explanation of the Doctor before submitting the report and serve a copy of the report on the Doctor concerned,"
— Justice V.G. Arun
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The Additional Director General of Prosecution (ADGP) confirmed in court that there are currently no formal rules on how such Expert Committees should function. The High Court expressed concern that this lack of structure could undermine a doctor's right to a fair trial.
"Absence of such guidelines will adversely affect the right to fair trial of the accused like the petitioners herein,"
— Justice V.G. Arun
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Recognizing the serious implications, the Court directed both the petitioner’s counsel and the ADGP to offer their suggestions for formulating effective and just guidelines. The case is scheduled for the next hearing on 14th July 2025, and the interim stay on proceedings in the petitioner’s case has been extended until then.
Case Title: Dr. Mohammed Rizwan T. v State of Kerala and Another
Case No: Crl.MC 3414 of 2025
