The police told the Bombay High Court on Tuesday that they have prepared a letter recommending an inquiry against the head of the obstetrics and gynaecology department at the BYL Nair hospital here in a case of alleged suicide of resident doctor Payal Tadvi.
Senior counsel Raja Thakre, the prosecutor in the case, however, informed Justice S S Jadhav that the Crime Branch was yet to send the letter to the municipal commissioner to seek permission for initiating proceedings against Dr Yi Ching Ling under the Maharashtra Prohibition of Ragging Act, 1999.
Justice Jadhav was hearing bail applications of three women doctors arrested for allegedly abetting Tadvi's suicide.
During the hearing, the high court asked the crime branch to write to the municipal commissioner immediately regarding initiating action against Ching Ling.
By not acting upon the complaint by Tadvi's mother that her daughter was being harassed by three seniors, Ching Ling had "shirked" the responsibility, the court said.
Why the crime branch had not written to the municipal commissioner seeking that Ching Ling's name be "added" in the case, the court asked.
"Does the investigating agency have no power to prosecute her," Justice Jadhav asked.
In the evening, however, the high court published a "modified order" on the court website, saying it merely sought the prosecution's opinion on whether "Dr Ching Ling had been held responsible/liable for the offence punishable under section 7 of the Maharashtra Prohibition of Ragging Act."