Dr. Ching Ling Yi Moves Bombay High Court Against Inclusion as Accused
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 to challenge 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.
Legal Challenge Against Trial Court’s Decision
In her petition to the high court, Dr. Ling argued that her addition as an accused by the trial court lacked legal justification, as no formal evidence had been recorded against her. Citing Section 319 of the Criminal Procedure Code (CrPC), her legal counsel, advocate Ashish Chavan, stated that a person could only be proceeded against if evidence had been recorded during an inquiry or trial.
The petition also referred to past Supreme Court and High Court rulings, emphasizing that a trial court cannot base its decision solely on chargesheet materials, such as witness statements or documents, unless they qualify as evidence under Section 319 of the CrPC, according to a Hindustan Times report.
Mother Seeks Custody Under SC/ST Atrocities Act
At the same time, Payal Tadvi’s mother has requested the Sessions Court to ensure Dr. Ling is taken into custody under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Her plea stated that the court had already found prima facie material to justify Dr. Ling’s inclusion as an accused.
Allegations Against Dr. Ling
Dr. Ling is accused of ignoring complaints of ragging and harassment made by Payal Tadvi against three senior postgraduate students. According to reports, instead of taking action or informing the college management, Dr. Ling allegedly dismissed Tadvi’s concerns and advised her to endure the mistreatment. This inaction is believed to have enabled the harassment that ultimately led to Tadvi’s suicide in May 2019.
Summons and Health Exemption Request
Dr. Ling has also requested an exemption from appearing before the special court, citing health concerns. However, after adding her as an accused, the court had issued a summons requiring her presence on March 25, as reported by Daily.
With both legal proceedings underway, the case continues to draw attention as it highlights issues of institutional accountability, caste-based discrimination, and harassment in medical education.
