CUTTACK: It took the Orissa High Court 14 years to deliver a verdict on legal validity of criminal proceedings initiated against a mother who sat on hunger strike following the death of her three-and-a-half-year old child at Sishu Bhawan due to alleged medical negligence.
Pratibha Das sat on hunger strike some days after her child died on October 5, 2002. Acting on an FIR filed by Superintendent of Sishu Bhawan, Lalbag police station had registered a case against her for alleged attempt to commit suicide.
The Court of SDJM (Sadar), Cuttack took cognisance of the case on June 28, 2004. Pratibha filed a petition in the HC against it in June, 2005. The High Court finally disposed of the case with a ruling in her favour on Tuesday (June 25). The Single Judge Bench of Justice AK Mishra quashed the case registered against Pratibha while ruling that “continuance of the proceeding against her is an abuse of process of the court”.
In the verdict, Justice Mishra ruled that the offence as alleged cannot be said to have been made out against the mother as there was no “criminal intent”. Moreover, the offence of abetment of suicide is not made out against the mother as no person had committed suicide.