Gorakhpur : Allahabad HC says No evidence of medical negligence against Dr Kafeel Khan


After DR Kafeel khan spent eight months in jail Allahabad High court has ruled there is no evidence of medical negligence against Dr Kafeel Khan and has granted him bail.

“There is no material on record, which may establish medical negligence against the applicant individually. This quite apart from the fact that no inquiry was also undertaken or initiated,’’ justice Yashwant Verma said in a detailed order released on Thursday, a day after Khan was granted bail.The court also takes on record the Yogi Adityanath government’s submission that the deaths did not take place due to the shortage of oxygen.

In another significant point, Justice Verma said Mr. Khan was also “not stated to be part of the tendering process that resulted in the enlistment of the entity, which was charged with the supply of medical oxygen.” While Manish Bhandari, the main supplier of medical oxygen to the BRD hospital in Gorakhpur, has already been granted bail by the Supreme Court in the same case, the HC pointed out in favour of Mr. Khan.

Dr Kafeel was arrested and held responsible for the death of sixty children due to the shortage of oxygen cylinders ,he was charged by UP government for medical negligence while the people had a different story to tell .

On the ill fated night the Doctor had gone clinic to clinic in search of oxygen cylinders and had even paid from his pocket after the company supplying oxygen cylinders declined to supply due to the non payment of it’s dues.The parents in the hospital had narrated how the good doctor had gone out of his way to help the children and if not for his gesture many more children would have died . Unfortunately instead of been appreciated the state govt filed a case against him and was kept in prison for around eight months .

He was charged under attempt to commit culpable homicide, criminal breach of trust and criminal conspiracy, which fall under Sections 308, 409 and 120 B of the Indian Penal Code, respectively. Dr Khan last week wrote a letter from prison alleging he had been made a scapegoat for an “administrative failure” at a higher level. He was booked along with eight others for criminal conspiracy, attempt to commit culpable homicide and criminal breach of trust.Khan’s wife recently alleged he was being denied medical treatment in jail and his health was deteriorating.

Following her complaint, jail authorities last week took Khan for a checkup to the district hospital in Gorakhpur.Dr Khan, while being escorted out of the district hospital, where he was taken for a medical check-up recently, said he was “being framed.”

“Since the deaths were due to natural cause, there is no offence against Dr. Kafeel,” Mr. sadaful Islam Jafri ,his counsel informed the press .


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