Patna, April 29: The Patna High Court has quashed all criminal proceedings against Dr. Mamta Sinha, a gynaecologist, in a long-running medical negligence case dating back to 2003. The decision, delivered by Justice Chandra Shekhar Jha, overturned a February 23, 2024 order from the Sessions Judge in Patna.
The case stemmed from an allegation by complainant Satish Kumar, who claimed that his right kidney was removed without consent during abdominal pain treatment by surgeon Shailesh Kumar Sinha, Mamta Sinha’s husband.
Mamta Sinha, who was part of the medical team during the surgery, was named as a co-accused, though her role in the procedure was questioned during the hearing. Advocate Ajay Kumar Thakur, representing Mamta Sinha, argued that the accusations were unfounded.
“Dr. Mamta Sinha is a gynaecologist and had no involvement in the surgical procedure concerning the kidney,” Thakur said.
Supporting the defence, the State Consumer Commission had ruled that the kidney was not surgically removed, but rather had become shrunken and non-functional, either due to congenital issues or subsequent degeneration. A 2016 medical report from the Postgraduate Institute of Medical Education and Research (PGIMER) in Chandigarh confirmed that the right kidney was physically present, albeit in an atrophied state.
In its ruling, the High Court observed that there were no direct allegations or evidence against Mamta Sinha, other than her presence in the operating theatre. Justice Jha emphasized that “it is not in the interest of justice to initiate criminal proceedings against a medical professional based solely on her presence during a surgery, without any substantive involvement or wrongdoing.”
The court’s judgment brings an end to over two decades of legal uncertainty for Mamta Sinha. Legal experts view the decision as a key reaffirmation of judicial restraint in criminalizing medical professionals without credible and specific evidence.
