MUMBAI: Dr Ching Ling Yi, the former head of the Gynaecology and Obstetrics Department at Topiwala National Medical College and BYL Nair Charitable Hospital, approached the Bombay High Court to challenge a Feb 28 special trial court order by which she was added as an accused in the Dr Payal Tadvi suicide abetment case.
Dr Ching, in her petition filed through Advocate Ashish Chavan, said she ought not to be added as an accused in the FIR lodged on May 23, 2019, at the Agripada police station where the investigation stands complete and no evidence was recorded as is mandated to invoke a provision that enables the addition of an accused.
She said the special court, constituted under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, already took cognisance of the offence in July 2019, and it was only when arguments were on last November for the framing of charges that the prosecution belatedly sought to add her as the fourth accused.
The trial court earlier rejected a discharge plea filed by three doctors accused in the case. The trial court added her as the fourth accused in the case after former special public prosecutor Pradeep Gharat said she did nothing despite Payal’s repeated complaints and dismissed her concerns as nothing out of the ordinary at medical colleges.
Dr Ching’s plea says, sans evidence, the trial court was unjustified in relying merely on the chargesheet, which does not constitute ‘evidence’ under law, to make her an accused too.
As interim relief, the doctor wants the HC to stay the addition as an accused and to waive her appearance in the trial court. The HC is expected to hear the matter next week.