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‘Irreversible loss’: Kerala HC allows doctor accused of girlfriend’s death to resume studies [Read Order]

By Rintu Mariam Biju      16 March, 2024 04:57 PM      0 Comments
Irreversible loss Kerala HC allows doctor accused of girlfriends death to resume studies

KOCHI: The Kerala High Court has come to the relief of Dr. EA Ruvais, who was charged with abetting the suicide of his girlfriend Dr. Shahana for alleged dowry demands, to rejoin his post graduate medical course.

Irreversible damage may be caused to Ruvais if he is prevented from completing his studies, Justice A Mohammed Nias CP opined while passing an interim order directing the medical college to permit him to rejoin his studies.

"Taking into consideration the merit of the petitioner and the fact that irreversible loss will be caused if he is not allowed to continue his studies, by way of an interim order, I direct the respondents to permit the petitioner tp re-join for the course forthwith by staying the operation of Ext.P1 and all the further proceedings including order dated 2.3.2024 Orders in this regrad shall be passed within a week from today. The respondents will take such measures to avert any untoward incident in the college of the petitioner rejoining the course". 

The Court noted that even convicts have fundamental rights even after they've been found as guilty. 

"It is trite that even convicts have certain fundamental rights despite being found guilty. Further, there is a presumption of innocence as far as an accused is concerned. Taking into account the merit of the petitioner and the fact that irreversible loss will be caused if he is not allowed to continue his studies, by way of an interim order, I direct the respondents to permit the petitioner to re-join for the course forthwith by staying the operation of Ext.P1 (suspension order) and all the further proceedings including order dated 2.3.2024. Orders in this regard shall be passed within a week from today. The respondents will take such measures to avert any untoward incident in the college on account of the petitioner rejoining the course”. 

In this case, the deceased, Dr. Shahana, was a postgraduate surgery student at Government Medical College in Thiruvananthapuram. She ended her life in 2023 after Ruvais' family asked for 150 sovereigns of gold, 15 acres of land and a BMW car as dowry from Shahana's family. Post this, the Indian Medical Association suspended Ruvais' medical license and shortly after, he was arrested by the police, and charged under section 306 (abetment of suicide) of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

On December 22, 2023, the High Court granted him bail. However, owing to his arrest, the Thiruvananthapuram Medical College suspended him. He then filed a plea before the High Court seeking permission to resume his Master’s degree. 

Complying the High Court’s direction, the medical college authorities considered a request submitted to them by Ruvais and rejected it. 

 

[Read Order]



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