The Supreme Court on Monday ordered a probe into reports that three hospitals in Delhi refused emergency medical treatment to a lawyer who was brutally stabbed by her husband last week, while it took suo motu cognizance of the incident and decided to monitor the investigation.
A bench of the Chief Justice of India, Surya Kant, and Justice Joymalia Bagchi were directed to investigate the alleged refusal of treatment, noting that this case raises serious concerns about access to emergency medical care.
After learning that several hospitals refused to accept the injured lawyer before he finally received treatment, the court said: “Let this aspect of the hospitals’ non-acceptance be investigated.”
The court was told that the victim, advocate Madhu Rajput, was rushed to GTB Hospital, Kailash Deepak Hospital and RK Hospital, but was refused admission before she was eventually treated at the AIIMS Trauma Centre.
Seeking the court’s intervention, advocate Sneha Kalita said that the advocate, despite being seriously injured, had to make PCR calls herself and was struggling to secure treatment. The court expressed concern about the sequence of events, with the ICJ asking: “Why did the hospital refuse emergency treatment?” Proceedings in this matter were initiated after Kalitta wrote to the International Commission of Justice.
The court order noted that the incident involved a “brutal assault,” with images indicating serious injuries to the vital organs of the lawyer practicing in the Karkardooma District Courts. In view of the seriousness of the incident, the court registered a suo motu case entitled “In Response: Brutal Assault on a Member of the Legal Fraternity and the Necessity of Judicial Intervention.”
It also instructed the Delhi Police Commissioner to entrust the investigation to a senior officer, preferably a woman officer of the rank of Assistant or Deputy Commissioner of Police. The court also requested a status report on the progress of the investigation by the next hearing.
During the hearing, Additional Solicitor General Aishwarya Bhatti informed the court that the accused husband has been arrested and a criminal case has been registered for attempt to murder. The victim was initially treated at the AIIMS Trauma Center and has since been shifted to a private hospital, she said.
The accused Manoj Kumar, a resident of Sonia Vihar, was arrested on the intervening night of April 25. Kumar allegedly stabbed his 38-year-old wife on April 22.
The court also took note of the victim’s personal circumstances, as it recorded that she has three minor daughters, ages 12, 4, and 1 year. The court noted that the two younger children could currently be under the care of the victim’s family, and asked the police to confirm their whereabouts and ensure their safety. The existing arrangement was allowed to continue for the eldest child, knowing that she is currently with her maternal grandparents.
The order records that allegations have also been made against the relatives of the victim, who are currently absconding.
Recognizing the medical and financial needs of the victim, the court directed the National Legal Services Authority (NALSA) to immediately provide financial assistance. The council said: “Since the victim needs financial assistance for treatment and care for her children, we direct… to grant financial assistance,” and directed that the amount be disbursed within 24 hours.
The CJI noted that he received a letter from Kalita regarding the incident that occurred on Sunday, following which the court immediately initiated suo motu action. Kalitta’s April 25 letter to the ICC said that the sheer brutality of the attack had shocked the conscience of the legal community and society as a whole. She added that the incident represents a serious violation of the right to life with dignity and personal physical integrity.
