Gorakhpur BRD Hospital Child Death Tragedy: Some charges dropped against Dr Kafeel Khan, some remain

Unable to find any evidence, the Gorakhpur police have dropped corruption and private practice charges against Dr Kafeel Ahmed Khan, one of the nine accused in the deaths of 33 children at the BRD Medical College in Gorakhpur on August 10 and 11. 

After state government’s permission, the Gorakhpur Police filed charge-sheets against remaining two former BRD Medical College Principal Dr Rajiv Mishra and Paediatric Ward Head Dr Kafeel Ahmed Khan in the Gorakhpur Court. Dr Mishra was  charged under Sections 120-B, 308, 409 of the IPC and 7/13 Anti-Corruption Act while Dr Khan was charged under Sections 120-B, 308 and 409 of the IPC.

Significantly, the Director General Medical Education K.K. Gupta had filed an FIR against Dr Khan under sections 120-B, 308, 409 of the IPC, Section 7/13 of Anti-Corruption Act, Section 66 of IT Act and Section 15 of the Indian Medical Council Act in the last week of August on the recommendation of the high-level committee headed by the Chief Secretary Rajive Kumar.

The Investigative officer Abhishek Singh said that they could not find any material and substantive evidence during the course of investigation against Dr Khan to prove that he was involved in corruption, indulged in private practice or violated any provisions of the IT Act.

“Since no evidence was found against Dr Khan on these counts, we had dropped these charges against him” said Singh. The investigative officers have submitted statements from 93 witnesses and documentary proof against Dr Mishra but could not find any evidence to prove corruption and private practice charges against him.

“Dr Khan was made the scapegoat in the case. An FIR was filed on flimsy grounds to accuse him of private practice, but the police could not find any evidence to prove the charge. This clearly suggest that he is innocent and framed in the case as Chief Minister got annoyed with him because the media made him a saviour,” rued a close relative of Dr Khan.

Earlier, the Gorakhpur Police had filed chargesheets against Dr Purnima Shukla, former Anaesthesia Department Head Dr Satish Kumar, ex Chief Pharmacist Gajanan Jaiswal, Accounts departments clerks Sudhir Pandey, Udai Sharma, Sanjay Tripathi and owner of Pushpa Sales Pvt Lt Manish Bhandari. The police were awaiting government nod to file chargesheets against Dr Mishra and Dr Khan.

Meanwhile, FIRs are also likely to be filed against another former Principal of the BRD Medical College DR K.P. Kushwaha and four others in connection with executing contract with oxygen supplier Pushpa Sales Pvt Ltd. During the course of investigation it was found that Pushpa Sales Pvt Ltd was not manufacturing oxygen but despite that it was engaged to supply oxygen on higher price resulting in losses to state exchequer and violation of tendering process.

“Instead of executing the contract with Innox, the company which was producing oxygen, Pushpa Sales Pvt Ltd was given the oxygen supply contract. This raises doubts on role of five members of the committee which executed the contract,” the investigative officer told the court.

The Gorakhpur Police is now further probing the role played by tender committee members including ex Principal Dr K.P. Kushwaha, CMO Dr A.R. Singh, Medical Superintendent A.K. Srivastava, Chief Finance Officer Vinod and Financial Controller Neeraj Kumar.  

Dr Kushwaha, however, rubbished the police claims. “Tenders were floated three times, but no company submitted quotation. Pushpas Sales was given the contract when no other company came forward to supply oxygen. The tender process has already been audited twice by experts and no irregularity was found,” clarified Dr Kushwaha.