The court said that the principles of natural justice were not adhered to, and there was clear disregard for the law, Dr Saif's advocate said.
Published Sep 11, 2023 | 1:52 PM ⚊ Updated Sep 11, 2023 | 7:20 PM
Dr Saif. (Supplied)
Telangana High Court on Monday, 11 September, revoked the suspension of Dr MA Saif Ali, who was suspended on charges of ragging and harassment of Dr Dharawath Preethi — a first-year postgraduate student of the Kakatiya Medical College (KMC) who died on 26 February after allegedly trying to end her life, according to Dr Saif’s advocate.
The court said that the principles of natural justice were not adhered to in suspending Dr Saif Ali, and there was a clear disregard of the law.
“The court said that the proceedings to suspend Dr Saif not only violated the principles of natural justice but also contravened Regulation 23 of the National Medical Commission (Prevention and Prohibition of Ragging in Medical Colleges and Institutions) Regulations of 2021,” Dr Saif’s Advocate Srikanth Chintala told South First.
The advocate said the court noted that the college’s decision to suspend Dr Saif was grounded on assumption rather than any conclusion.
“The court observed that the college had taken the decision based only on suspicion, and not any outcome or conclusion,” said Chintala.
On 22 February, Saif was booked by the Matwada police under various sections, including 306 and 354 of the IPC, Section 4(v) of the TS Prohibition of Ragging Act, and Sections 3(1)(r), 3(1)(w)(ii), and 3(2)(v) of the SC/ST (POA) Amendment Act of 2015, over his purported role in the alleged suicide attempt of Dr Preethi, who was found unconscious earlier that day.
Two days later, on 24 February, he was arrested by the police for his role in the alleged suicide attempt.
Dr Preethi passed away on 26 February at NIMS Hospital in Hyderabad, and Saif was suspended by the college on 4 March.
After spending about two months in jail after being arrested for abetment of suicide, Saif was granted bail on 20 April.
The Warangal police subsequently filed a 970-page charge sheet on 7 June in the SC/ST Court, naming Saif as the primary accused.
Dr Preethi, who belonged to the Banjara-Lambada community in the ST category, was subjected to harassment and ragging by her senior, Dr Saif, they said.
Consequently, he was charged with abetment to suicide, ragging, and offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
An investigation was conducted by ACP Bonala Kishan from Warangal, who recorded the statements of 70 witnesses.
In his petition in the Telangana High Court seeking revocation of his college suspension, Saif said the KMC extended his suspension on 9 June without allowing him an opportunity to present his side, which goes against Regulation No 23 of the National Medical Commission rules.
The college also ignored Saif’s representations dated 28 April, 23 May, and 2 June, which contended that his suspension was illegal, arbitrary, unconstitutional, and against the principles of natural justice, he said.
Saif petitioned that he had been falsely implicated in the case of the alleged suicide of Dr Preethi.
He claimed that the KMC ragging committee’s findings were biased as he was not given an opportunity to participate in the proceedings or defend himself.
Saif also asserted that the committee’s conclusions were one-sided, vague, false, and in violation of the governing regulations.
“The alleged findings of the ragging committee in its enquiry report are against the principles of natural justice, perverse, contrary to the facts and evidence, and unsustainable in the eye of law solely on the grounds of being violative of the principles of natural justice as the petitioner was neither made a party to such proceedings nor given a chance to be heard,” read Saif’s petition.
Chinatala said that the court also stressed on the fact that Dr Saif was not heard by the inquiry panel.
“The court observed that a crucial aspect that demands attention was the inquiry committee’s inability to reach any definitive conclusion on the first date (2 March) of the inquiry; but the very next day the college unilaterally decided Dr Saif’s fate,” said Chinatala.
Another critical point revolves around the inquiry committee, which failed to conclude its proceedings on the inquiry date, only to be later replaced by a different set of inquiry personnel.
“On the first day of the inquiry, 14 members were there. On the second date of inquiry, some other members were there who were not part of the first panel. On the third date of inquiry, again a new set of people had come and on the fourth date of inquiry again, a new set of people had come. The court found this irregular,” said Chinatala.
