HC stays conviction of vaccine scientist citing 'national interest'
Uttarakhand high court
(HC) suspended the conviction of a
vaccine scientist
, who was found guilty of
abetment to suicide
in his wife's death, saying that his continued conviction would obstruct
national interest
, as he was involved in vaccine research essential for
public health
.
The single-judge bench of Justice Ravindra Maithani granted the relief to
Dr Akash Yadav
during the pendency of his appeal, and said the conviction had directly prevented him from continuing his work.
Yadav, a vaccinologist with a PhD in biotechnology from IIT-Kharagpur, had been working as a senior manager at
Indian Immunologicals Limited
(IIL) for three years.
IIL is a public sector company that manufactures a wide range of human and veterinary vaccines and plays a critical role in national immunisation efforts.
The HC observed that his role was "undoubtedly essential for public health and national interest," and said that his conviction had rendered him ineligible to continue contributing to the vaccine programme.
Yadav was convicted by a sessions court under IPC section 306 for abetment to suicide but was acquitted under section 304-B (dowry death) and the Dowry Prohibition Act.
He gotmarried on May 7, 2015. His wife, who was employed at Pantnagar University, was taken to her maternal home by her brother on July 4, 2015, while Yadav was working in Hyderabad. She resumed her duties but died by suicide on Dec 14, 2015. In the woman's purported suicide note, she stated that her husband would be responsible for her death.
After being granted bail, Yadav filed an interim application under section 389(1) of the CrPC, seeking suspension of his conviction. He submitted that because of the conviction, he had become disqualified from working with IIL and was unable to resume his scientific duties. His counsel argued that the case met the criteria for exceptional circumstances, as the conviction had a direct impact on "work of national importance."
Justice Maithani noted that an appellate court can suspend a conviction, if failure to do so would result in injustice or irreversible consequences.
He cited the Supreme Court rulings in Navjot Singh Sidhu vs State of Punjab (2007) and Rama Narang vs Ramesh Narang (1995) and said that courts must examine whether maintaining the conviction would unfairly affect a person's professional standing or public interest responsibilities.
The bench observed, "This was a greater issue of public health and national interest. In light of the afore-stated reasons, the court was of the view that this was a fit case in which the order of conviction as well as execution of sentence, appealed against, should be suspended." The HC suspended both the conviction and sentence during the appeal's pendency, allowing Yadav to resume his duties at IIL.
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