Payal Tadvi Suicide Case: Former HOD Gynaecologist challenges Trial Court order
Mumbai: Dr Ching Ling Yi, the former head of Obstetrics and Gynaecology at Topiwala National Medical College and BYL Nair Charitable Hospital, has approached the Bombay High Court, contesting her recent
inclusion as an accused in the Payal Tadvi suicide case.
Meanwhile, Payal Tadvi’s mother, Abeda Tadvi, has filed a plea in the Sessions
Court, urging authorities to take Dr Ling into custody.
In a petition submitted
to the high court on Tuesday, Dr Ling argued that her addition as an accused
by the trial court lacked legal grounds, as no formal evidence had been
recorded against her. According to the Daily, her legal counsel, advocate Ashish Chavan, cited Section
319 of the Criminal Procedure Code (CrPC), which stipulates that an individual
can only be proceeded against if evidence has been recorded during an inquiry
or trial.
The petition also
references previous rulings by the Supreme Court and various high courts,
stating that a trial court cannot base its decision solely on material found in
the chargesheet, such as witness statements or documents, if they do not
qualify as evidence under Section 319 of the CrPC, reports Hindustan Times. At the same time, Payal
Tadvi’s mother has urged the Sessions Court to ensure Dr Ling’s custody under
the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Her plea highlighted that the court had already found prima facie material to
justify Dr Ling’s inclusion as an accused.
Medical
Dialogues had earlier reported that the former head of the Gynaecology and Obstetrics
Department at Topiwala National Medical College and BYL
Nair Charitable Hospital, the prime suspect in the 2019 postgraduate
medico Dr Payal’s suicide case, was set to be added as an
accused in the case. A sessions court has approved the prosecution’s plea.
The allegations against
Dr Ching Ling Chiang, the former HoD, are grave, as she allegedly refused to
assist the deceased medico and repeatedly ignored her complaints of ragging and
harassment by three senior postgraduate students. Instead of reporting the
abuse to the college management, Dr Chiang dismissed Tadvi’s concerns and
advised her to endure the mistreatment. Her failure to take action is believed
to have enabled the harassment that ultimately led to Tadvi’s suicide in May
2019.
Along with contesting her
recent inclusion as an accused, Dr Ling has also requested an exemption from
appearing before the special court, citing health concerns. However, upon adding her as an accused, the court had issued a summons mandating her presence on
March 25, reports the Daily.