Kind Attention:
Mr. Tanveer Oberoi and Mr. Jitendra Sodhi
CC: Dr. D K Sharma; Mr. Deonath Sah; The Admin Officer (AIIMS); Mr. S. K. Singh
Counsel for the Respondent, Union in W.P. (C) 3662/2021, Payal Bhattacharya v. Union of India & Ors.
Dear Sir,
We are in receipt of your emails dated 19 August 2021, whereby you have inter alia required that the Petitioner make herself convenient to be physically present for medical examination on 23 August 2021, at 10AM, before the the committee of experts of COE AIIMS, New Delhi for Rare Diseases for her examination by the experts, along with the documents pertaining to her medical history.
In context of the above request we call attention to the earlier occasion when a similar request had been made of the Petitioner, on []. On the said last occasion, it had been specifically communicated on behalf of the Petitioner, that owing to the unhealthy condition of the Petitioner and her immunocompromised condition, as also the motley of rare and life threatening conditions of with which she is battling, as also the SARS COVID 19 pandemic, it is unsafe for the Petitioner to commute to and make herself physically present before the said committee.
On the said last occasion, the Petitioner had made every effort to have placed before the Committee the medical history of her case, evidenced through the medical reports, doctor's opinions and other supporting paperwork, spanning nearly three decades. The Petitioner had further volunteered to be available for examination by way of video-conference. However despite making appearance (through counsel), and presenting all the relevant documents as pertaining to her medical history, the Committee declined the Petitioner's request for examination vide video conference and further miserably failed to make any cogent observations in favour of the Petitioner's case based off of the medical records submitted before it.
Since then, the petitioner has been diagnosed to be suffering from a rare metastatic neuroendocrine cancer, which perhaps originated from her pancreas. At present the Petitioner is also undergoing chemotherapy for the said illness, at BL Kapoor hospital , under the care of Dr. Sajjan Rajpurohit. Reports confirming the diagnosis with regard to the said metastatic neuroendocrine cancer, as also reports and documents affirming to the ongoing chemotherapy will be submitted on behalf of the Petitioner on 23 August 2021, before the Committee.
In view of the serious ailments, as also the marked risk of contracting COVID disease at a general hospital premises such as the venue which has been suggested vde, your email dated 19 August 2021, the Petitioner has been advised to refrain from being physically present at the said venue on 23 August 2021, before the Committee, inter alia by her Dr. Sanjiv Saigal ( liver transplant hepatologist who controls immunosuppressant dosages) who along with other doctors currently advised when to go and to which a Covid free only when necessary to go because it takes a long time to form antibodies meanwhile fatalities can happen.
In view of the above, I on behalf of the Petitioner humbly call upon you to kindly leave out the requirement for physical examination as a mutated cancer gene can't be detected from looks. The organs which form tumours/ cancer can only be seen through MRI, Ga Dotanoc PET CT as stated in your emails dated 19 August 2021, and instead allow the Petitioner to present herself before the committee vide. video conference, through any publicly accessible video conferencing tool of the Committee's choosing. Accordingly please confirm which if any video conference tools would be used in this regard. Dr. Randeep Guleria who treated her of MDR TB after liver transplant knows her details and himself gave her a certificate of vHL, apart from the infections all manifestations are due to deletion/duplication of the vHL gene as confirmed in a phD research of Dr Poonam Gupta her guides being Dr AC Amini and ML Khurana.
Given the condition of the Petitioner and her well documented medical history, we hope that the Committee, finding merit in the grounds mentioned hereinabove, shall permit the Petitioner to be present in the manner as above stated and dispense with the requirement for physical examination until such time as the COVID 19 pandemic prevails.
Sincerely,
Adv. Abhirup Ghosh
Virus-free. www.avast.com
On Thu, Aug 19, 2021 at 12:10 PM Tanveer Oberoi <toberoi.legal@gmail.com> wrote:
Kind Attention:
Abhirup Ghosh
CC: Aditya Chatterjee
Counsel for the Petitioner in W.P. (C) 3662/2021, Payal Bhattacharya v. Union of India & Ors.
Dear Sir,
Please kindly take note of the below set email received from the concerned authorities at AIIMS, regarding compliance with the directions passed by the Hon'ble High Court of Delhi vide orders dated 14.07.2021 and 04.08.2021 in W.P. (C) 3662/2021, Payal Bhattacharya v. Union of India & Ors.
Please note that the time of the meeting has inadvertently been mentioned as 10:00PM, however the meeting has been scheduled for 10:00 AM on 23.08.2021.
May we request you to confirm receipt of this email.
Thank you.
Best regards,
Tanveer Oberoi
Litigation Counsel & Corporate Attorney
B-6, Defence Colony, New Delhi - 110024, India
T - +91-11-46580330
M - +91-9958-935556
E - toberoi.legal@gmail.com
---------- Forwarded message ---------
From: jitendra sodhi <jitendrasodhi27@gmail.com>
Date: Thu, Aug 19, 2021 at 10:06 AM
Subject: Matter of Payal Bhattacharya Versus Union of India & Ors W.P. (C) 3662/2021---regarding
To: Tanveer Oberoi <toberoi.legal@gmail.com>
Cc: Dr D K Sharma <123dks@gmail.com>, deonath sah <dnhazari@yahoo.com>, Admin Officer <aoh.aiims@gmail.com>, S K Singh <legalcell2012@gmail.com>
Dear Mr. Tanveer,
In compliance to the directions of Hon'ble High Court of Delhi passed vide order dated 14.07.2021 and 04.08.2021 in the above captioned matter, the committee of experts of COE AIIMS, New Delhi for Rare Diseases shall again convene a meeting for physical examination of the petitioner. The details of the said meeting are as follows:
Date: 23/08/2021 (Monday)
Time: 10:00 PM
Venue: Room No.-13, MS Office, Ground Floor, AIIMS, New Delhi-110029
Accordingly, may I request you to coordinate with petitioner's counsel from our side and intimate to him the above details so that she can make herself convenient to be physically present on the said date, time and venue for her examination by the experts. Furthermore, she should be advised to bring all her clinical case records (both old & recent) including diagnostic investigations and any other pertinent document in this regard which supports her illness.
A line of confirmation from the petitioner's counsel shall be greatly appreciated.
Thanking you,
With warm regards,
Dr. Jitender Sodhi
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