HC Allows Reporting on Alleged Medical Negligence but Bars Defamatory Allegations Against Hospital During Pendency of Case
The Bombay High Court has allowed a Mumbai-based YouTuber to continue reporting on an alleged case of medical negligence involving a Dongri-based hospital, while restraining him from publishing defamatory statements describing the hospital as a “kattalkhana” (slaughterhouse) or suggesting that it was complicit in murder.
The interim directions were issued by Justice Arif Doctor while hearing a ₹1,000 crore defamation suit filed by Habib Esmail Hospital & Medical Trust against YouTuber Salim Shaikh.
Defamation Suit Stems from Videos on Alleged Medical Negligence
The dispute arose after the YouTuber uploaded several videos and social media posts alleging medical negligence in connection with a woman who reportedly underwent a caesarean section at another private hospital. According to the allegations, a surgical gauze piece was later discovered inside the patient’s abdomen.
The Trust contended that the videos falsely portrayed Habib Hospital as being responsible for the alleged negligence and participating in a cover-up, thereby damaging its reputation.
Hospital Denies Performing Surgery
According to the Trust, the woman was admitted to Habib Hospital on May 28 after developing complications following surgery at another private hospital in Dongri. The hospital stated that, after obtaining consent from the patient and her husband, its doctors proposed an emergency exploratory laparotomy.
However, the procedure was allegedly halted after the patient’s relatives requested that it not proceed. The Trust further submitted that the CT scan revealing a foreign object in the patient’s abdomen was not made available to its doctors until the following morning. After reviewing the scan, the treating doctors advised that the patient be shifted to a higher medical centre.
The patient was subsequently transferred to Saifee Hospital, where a surgical gauze piece was reportedly removed.
The Trust maintained that no surgical procedure was carried out at Habib Hospital and asserted that the alleged negligence occurred at the previous private hospital. It also clarified that the CT scan had been conducted at Saboo Siddique Hospital and that the treating doctors were independent medical professionals responsible for their own clinical decisions.
Hospital Alleges Malicious Campaign
In its plea before the High Court, the Trust alleged that Salim Shaikh had previously approached its trustees seeking financial assistance. After those requests were declined, the Trust claimed that the YouTuber initiated a campaign driven by malafide intent and personal vendetta.
During the hearing, the Trust’s counsel, advocates Akshay Pai and Siddhi Bhosale, presented extracts from the videos, arguing that several statements were defamatory and had caused significant reputational harm.
High Court Finds Certain Statements Prima Facie Defamatory
After examining the material placed before it, the Bombay High Court observed that portions of the YouTuber’s content were prima facie defamatory.
Following the Court’s observations, the YouTuber agreed to edit the videos and remove the objectionable content.
However, the Court clarified that he would not be prevented from reporting on the incident or covering the allegations of medical negligence. At the same time, it directed that, until the defamation suit is decided, he must refrain from making allegations or insinuations attributing blame to the Trust, including referring to the hospital as a “kattalkhana” or suggesting that it was involved in murder.
The matter will continue to be heard before the Bombay High Court as the defamation proceedings progress.
