Hon'ble Kerala High Court, on 17.06.2025, while hearing the Petition being CRL. MC bearing No. 3414 of 2025 titled "Dr. Mohammed Rizwan T v. State of Kerala & Anr.". The said Petition has arisen out of a criminal trial, wherein, the Petitioner, before the Hon'ble Kerala High Court is facing a prosecution under Section 304 A of the Indian Penal Code, 1860, based on the allegation that Patient under treatment of Petitioner had died due to his Medical Negligence.

During the course of hearing, it was submitted on behalf of the Petitioner that neither he had been hear by the Medical Expert Committee nor the Report of the Medical Expert Committee, formulated for Medical Expert Opinion in the present case, has been made available to him.

Ld. ADGP reverts to the submission of the Petitioner by stating that there is no guidelines in place, prescribing the manner in which Medical Expert Committee has to function as the same was constituted based on the directions passed by the Hon'ble Supreme Court of India in Jacob Mathew v. State of Punjab [(2005) 6 SCC 1].

After hearing the submissions of the parties, the Hon'ble Kerala High Court was of the opinion that proper guidelines are required for the functioning of the Medical Expert Committee as the absence of such guidelines will adversely affect the Trial.

In view of the same, the Hon'ble Kerala High Court appointed Akash S, Advocate as the Amicus Curiae to assist the Hon'ble Court and requested the Ld. Counsels for the Petitioner as well as the Ld. ADGP to make their suggestions as to the manner in which the guidelines are to be formulated.

With the said directions, the Hon'ble Kerala High Court posted the matter to next date of hearing with a stay of the further proceedings of the Ld. Trial Court.


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