Dr Srinivas Kakkilaya, a well-known physician in the City Sends a Notice to Indian Medical Association (IMA) -Mangaluru Chapter through his Advocate M C Kedilaya
Mangaluru: Recalling the incident where a famous senior physician B Srinivas Kakkilaya, who was booked by the cops after a complaint was lodged by the management of Jimmy’s Supermarket, Kadri, Mangaluru, for not wearing a mask while he was shopping at the mart, had already filed a police complaint in the Kadri East Police Station accusing the owner of the supermarket of selectively leaking CCTV footage/video in the social media and causing him harm and mental stress.
In his complaint filed at the police station, Dr Kakkilaya has accused the owner of Jimmy’s Supermarket of illegally and unlawfully circulating CCTV footage of the incident on social media which, according to the doctor, had led to defamation statements and articles against him. The audio conversation of a person named Pai with the managing partner of the supermarket had also gone viral in which the man (Pai) is heard instigating the supermarket managing partner to file a complaint. “Pai has defamed him and also his father, B V Kakkilaya, a freedom fighter and a popular communist party leader, and also two-time MLA from Mangaluru, who has sacrificed his life for the country,” the doctor said.
DR SRINIVAS KAKKILAYA
Since Indian Medical Association (IMA)-Mangaluru Chapter had also condemned the act of Dr Kakkilaya and had circulated a press release to the media, and since this has hurt the feelings of Dr Kakkilaya very much, he has sent a notice to IMA-Mangaluru seeking an apology from IMA, through his advocate M C Kedilaya.
Following is the notice sent to IMA-Mangaluru:
The Indian Medical Association, Mangaluru (Regd.), Mangaluru Branch
IMA House, Near Wenlock Hospital,
Attavar Road, Mangaluru575001.
Represented by its: 1. Secretary Viz. Dr Animesh Jain.
2. Dr. MAR Kudva, President
3. Dr Animesh Jain. Secretary,
4. Dr Kumaraswamy U, Treasurer,
5. All Office Bearers, Year 2020-21
I am instructed to send you the notice here on behalf of Dr Sri. B. Srinivas Kakkilaya, S/o Late Sri. B.V Kakkilaya, R/at Consultant Physician, Light House Polyclinic, Light House Hill Road, Mangalore 575001, hereinafter referred to as my client.
My client has been practicing as a consultant in internal medicine at Mangaluru since 1992. Being the eldest son of Sri B V Kakkilaya, a freedom fighter, leader of the teams that participated in the Goa Liberation struggle, leader of Karnataka reunification movement, award-winning writer, Rajya Sabha member and two times, MLA in Karnataka, my client has had a brilliant academic career throughout, having been the university topper in Physiology in 1984. He has had an unblemished professional career, upholding professional ethics, integrity and honesty and has always been at the forefront of pro-people campaigns.
You admit that No. 1 amongst you is an association of the medical consultants rendering their service at Mangalore. My client is the life member of No. 1 amongst you. No. 2 to 5 are the office-bearers of the no.1 amongst you. You admit that the association has been formed with the intention of protecting the interest of medical practitioners that too members in particular. Needless to state that my client being a member of No.1 amongst you, it is your duty to protect his interest.
He is also a Life Member of the Indian Medical Association (No KAR/17454/73/911/217012/2016-17/CL) and has been at the forefront on the struggle by the medical professionals of Karnataka against the renewal of permanent registrations by the medical council, against the draconian provisions in the KPME Act amendment, against the National Medical Commission Bill, and he has successfully fought legal battles to ensure elections to the medical council in the state and to annul the premature nominations made to the council. He maintained high esteem in maintaining medical ethics. He has done all that to fulfil the cause of the establishment of IMA.
This notice is in reference to the Press Release issued in the name of No. 1 amongst you on May 19, 2021, with regard to the decorated video clipping circulated in the social media involving my client. Strangely and surprisingly, instead of verifying the true facts with my client and instead of protecting my client who is a member of your association as against derogatory statements and publication being caused as a consequence of circulation of the decorated video, you have caused statement as against my client that too by using highly objectionable and unwanted and untrue words.
You admit that you have neither verified the facts nor contacted and verified my client who is a life member of the Indian Medical Association, before issuing the Press Release, but chose to do so on their own, unilaterally, and within a few minutes of the video going viral, without knowing the facts, nor knowing the reasons behind the blatantly illegal leakage of a CCTV footage, with audio recording, on social media.
Further, it is clearly evident that with the sole intention of harming and maligning the hard-earned reputation of my client you have caused a press release dated 19-05-2021 against my client. The Press Release was shared widely on many of the social media platforms of doctors and the lay public, further leading to vile and disparaging comments and discussions on these platforms, by medical professionals and laypeople who neither know about the incident nor about my client. The Press Release was also widely reported by various media platforms, as though the IMA, Mangaluru being the final arbiters of truth on the matter.
The alacrity shown by the IMA of Mangaluru in finding an incident that happened inside a store as of utmost importance, even while staying completely mum on all other issues pertaining to the disastrous happenings due to COVID-19 in India and in Mangaluru, clearly raises a lot of suspicion about the intentions and workings of IMA Mangaluru. It appears that the organisations have been hijacked by a handful of self-serving, politically motivated and anti-people vested interests and these are taking arbitrary decisions without any consultations of the executive committees or the general bodies of the organisations and clearly without even trying to ascertain the facts and without even contacting the member of the IMA and seeking his version of the incident.
The claims made by IMA about the incident as being misleading, and statements made therein as being irresponsible etc., without even knowing or caring to know, the antecedents and details of the incident, are a complete overreaction and are clearly malafide, deliberate, partisan and ill-intended, solely with the purpose of maligning the reputation of my client.
Further, my client noticed that one Ganesh Prasad Mudraje, who claims to be a member of SWC of IMA KSB, has also published on YouTube at https://youtu.be/yy1ZkplkpuY, with the description reading “Dr Kakkillaya Mask Kirik | ಮಾಸ್ಕ್ ಹಾಕದೇಕಿರಿಕ್ ಮಾಡಿದ ವೈದ್ಯ ಕಕ್ಕಿಲ್ಲಾಯ ವಿರುದ್ಧ ಆಕ್ರೋಶ | ತಕ್ಷಣ ಡಾ. ಶ್ರೀನಿವಾಸ ಕಕ್ಕಿಲ್ಲಾಯ ವಿರುದ್ಧ ಕಠಿಣ ಕಾನೂನು ಕ್ರಮ ಜರುಗಿಸಿ; ಜಿಲ್ಲಾಧಿಕಾರಿ, ಜಿಲ್ಲಾವೈದ್ಯಾಧಿಕಾರಿಗೆಡಾ. ಗಣೇಶ್ ಪ್ರಸಾದ್ ಮುದ್ರಾಜೆ ಆಗ್ರಹ – ಕಹಳೆ ನ್ಯೂಸ್” which had also gone viral and had further maligned my client with insinuations and lies. My client reasonably believes that the office bearers of No 1 amongst you are hand in glove with aforesaid Ganesh Prasad Mudraje and all of you by joining hands with each other have conspired to play fraud on my client. Such an uncalled for and publicity-seeking action by you and Mr G.P. Mudraje has created more animosity and anger against my client and also provoked overreaction and hype resulting in the filing of a motivated and false case against him. It is clearly beyond the responsibilities of a member or office bearer of IMA, at any level, and is a clear case of misuse of the office that the person holds to satisfy one’s own political or personal agenda.
It is also necessary to point out here that certain office bearers of national IMA and of IMA KSB have directly contacted my client for several days following the incident and have offered their support and solidarity, even while regretting the reckless actions of the Mangaluru unit of the IMA, clearly suggesting that the actions of IMA, Mangaluru were against the normal practice followed by the IMA.
From all of the above, it is crystal clear that a coterie of a few members and office bearers of IMA, Mangaluru, have acted in a deliberate hurry with the sole intention of maligning and abusing my client passing baseless and vexatious judgements against him without even knowing any bit about the incident nor seeking any information from him. Further, the IMA and its office bearers have brought undue and uncalled for pressure over the administration by their falsehoods and baseless allegations. Also, the office bearers of IMA Mangaluru have wilfully tried to besmirch the hard-earned reputation and respect enjoyed by my client by illegally releasing the Press Statement on social media and by recording and transmitting video messages full of lies and venom. Further, it has also been noticed and evident from the recordings stored by my client that some members and office bearers of no. 1 amongst you have given false information to the media and some TV channels, purely with the intention of bringing harm to him. Also, he is in possession of some WhatsApp chats wherein some members of IMA, Mangaluru have passed completely baseless and disparaging abuses on him and his late father, a freedom fighter, and his family.
Therefore, it is clear that by issuing and widely circulating the blatantly partisan and unnecessary Press Release, the office bearers of IMA, Mangaluru have committed the following offences with regard to my client.
– Wilfully attempting to bring disrepute and to deliberately tarnish the image and respect earned by my client with his honesty, integrity and hard work over the past three decades.
Fomenting hate campaign with the purpose of causing physical, mental, financial and reputational loss to my client.
Obstructing the stupendous and mammoth work done by my client and his better half Dr Balasaraswathy over the past one year in educating the people of Karnataka and beyond about the scientific and objective information on Covid 19 so as to allay their fears and panic and to guide them to prevent and manage covid 19, thereby also exposing the unscientific and fleecing tactics of many practitioners, which might have included some members of IMA, Mangaluru. Your acts amount to an offence under provisions of the Epidemic Act.
Obstructing and preventing my client from performing his clinical duties in treating patients suffering from Covid 19 with his utmost devotion and professional, financial, ethical and scientific integrity, through counselling for home isolation for hundreds of his patients, done without seeking a single paise or any other favour as fees, and directly treating covid 19 cases, from not only Mangaluru and Dakshina Kannada, but also from neighbouring and far away districts of Udupi, Kodagu, Kasaragod, Kannur, Shivamogga, Chikkamagaluru, Uttara Kannada, Goa, Dharwad, Bijapur, Belagavi, Ballari, Bengaluru, Mysuru, Davanagere, Mumbai, Chennai, Hyderabad and many other places, every day, in many hospitals and nursing homes, from mild cases as outpatients to moderately severe cases in covid wards and severe cases in covid ICUs.
Insulting and bringing enormous disrepute and suspicion on the abilities of my client as a physician and specifically in treating covid 19 cases
Causing social enmity and disharmony and putting the lives of himself and his family at risk of physical harm.
All these deliberate and heinous acts by the office bearers and some members of IMA, Mangaluru, have caused immense harm to the reputation and fair name of and have caused extreme anguish to himself, his closest family members, his friends, well-wishers and his patients.
Therefore, you and each and every office bearer and member of IMA, Mangaluru who have signed, spoken, written baseless statements on social media and elsewhere in the public domain, are hereby called upon to tender an unconditional written apology to my client in person and in public by posting, publishing and circulating the same in news and print media, Facebook, Twitter, YouTube Whatsapp and other social media platforms within 24 hours of the receipt of this notice. Lest, my client will be constrained to initiate civil and criminal proceedings against you for committing penal offences and committing an act of defamation. Since your act is highly unethical and against the Principles and aims and objectives of IMA, my client will be forced to move before the appropriate authorities seeking necessary steps for cancellation of your Sanad and seeking necessary action by IMA as against all of you. On your failure, necessary consequences will follow.
You are liable to pay the cost of this notice of Rs. 10,000/-
ALSO READ RELATED ARTICLES: