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India
25 Nov 2017

Gorakhpur: Khan cleared of corruption, charged with attempt to murder

BRD Hospital Deaths: No evidence against Dr. Kafeel

Police have dropped charges of corruption and private practice against Dr Kafeel Khan in the Gorakhpur tragedy due to lack of evidence.

However, he has been charged with attempt to murder and criminal conspiracy in the deaths of over 60 children at the BRD Hospital in August.

Khan was earlier hailed as a hero for reportedly arranging oxygen cylinders from outside to save hundreds.

In context

BRD Hospital Deaths: No evidence against Dr. Kafeel
Not a single piece of evidence against Dr. Khan

Evidence

Not a single piece of evidence against Dr. Khan

Investigative officer Singh stated, "Since no evidences were found against Dr. Khan on these counts, we had dropped these charges against him."

While the officers submitted 93 witness statements and documentary proofs against former BRD Medical College Principal Dr. Rajiv Mishra, no evidence against Dr. Khan was found.

Dr. Khan and Dr. Mishra are among the nine accused persons in the case.

"Dr. Khan was made the scapegoat"

Dr. Khan's relative stated: "FIR was filed on flimsy grounds to accuse him of private practice, but the police could not find any evidence. He is innocent and framed in the case as Chief Minister got annoyed with him on media making him a savior."

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Charge-sheets

Pediatric Ward Head Dr. Khan charged under various sections

Gorakhpur Police filed charge-sheet against Dr. Kafeel Khan under IPC Sections 120-B, 308, and 409.

As per the recommendation of UP Chief Secretary Rajive Kumar-led committee, Director General Medical Education KK Gupta filed FIR against Dr. Khan under IPC sections 120-B, 308, and 409 in addition to Section 7/13 of Anti-Corruption Act, Section-66 of IT Act, and Section-15 of the Indian Medical Council Act.

Other eight accused persons

Gorakhpur Police had also filed charge-sheets against Dr. Rajiv Mishra, Dr. Purnima Shukla, ex-Anesthesia Department Chief Dr. Satish Kumar, former Chief Pharmacist Gajanan Jaiswal, Accounts Department clerks Sudhir Pandey, Udai Sharma, and Sanjay Tripathi, and oxygen supplier Pushpa Sales' owner Manish Bhandari.

Police raise doubts on committee members who executed oxygen-supply contract

Oxygen Supply Contract

Police raise doubts on committee members who executed oxygen-supply contract

FIR is likely to be filed against BRD's former Principal Dr. KP Kushwaha, CMO Dr. AR Singh, Medical Superintendent AK Srivastava, CFO Vinod, and Financial Controller Neeraj Kumar who executed the oxygen-supply contract.

Investigators found that instead of oxygen manufacturer Innox, Pushpa Sales (which doesn't produce oxygen) was awarded the contract on a higher price, causing loss to state and violating the tendering process.

Dr. Kushwaha rubbishes Gorakhpur Police's claims

Dr. Kushwaha stated: "Tenders were floated three times, but no company submitted quotation. Pushpa 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."

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