Kerala High Court: In a plea filed by a doctor, the proprietor and plastic surgeon at Cosmetiq Hospital, claiming that the closure of the hospital had made it impossible to continue post-surgical treatment for patients, a Single Judge Bench of V.G. Arun, J. permitted the reopening of Cosmetiq Hospital in Kazhakkuttam. The hospital had been shut down following a tragic incident in which a woman allegedly lost her fingers and toes after undergoing a cosmetic procedure at the facility.
Background
The petitioner was the proprietor of Cosmetiq Hospital in Kazhakkuttam, which, according to the petitioner, was a specialized hospital for plastic surgery and dermatology. The petitioner’s grievance was regarding the closure of the hospital pursuant to a notice, which followed the registration of criminal case for an offence under Section 125 of the Bharatiya Nyaya Sanhita, 2023 (‘BNS’). The crime had been registered based on the allegation that, following a fat grafting surgery undergone by a patient, she had to be shifted to a multidisciplinary care hospital and had to undergo prolonged treatment in the ICU.
The petitioner submitted that, by reason of the notice issued under Section 168 Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), the activities at the hospital had come to a standstill, making it impossible to even continue the post-surgical treatment of the patients.
The Public Prosecutor pointed out that the notice had been issued in order to prevent the recurrence of similar incidents.
Analysis and Decision
In view of the undertaking, the Court disposed of the criminal miscellaneous case by directing the police to lift the prohibition imposed under the notice. The petitioner was permitted to conduct the hospital strictly in accordance with the provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, and the conditions stipulated in the licences and permissions obtained.
It was further clarified that, in the event of any violation, the police would be at liberty to initiate appropriate action, and this Court would also be prompted to initiate contempt proceedings.
[DR. Bibilash B.S, v. State of Kerala, CRL.MC No. 4227 of 2025, decided on 02-06-2025]
Advocates who appeared in this case:
For Petitioner: BY ADVS. GAYATHRI R., S.JAYANT, ABHIREMYA RAJ R B, GOVIND V.P.
For Respondents: M.C. ASHI, PP