Pratibha Shinde President Lok Sangharsh Morcha vs Principal Secretary, Public Health Department, State of Maharashtra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Bom) 140

IN THE HIGH COURT OF BOMBAY AT AURANGABAD
S.V. GANGAPURWALA, SHRIKANT D. KULKARNI, JJ.
Pratibha Shinde President Lok Sangharsh Morcha and Others – Petitioners
Versus
Principal Secretary, Public Health Department, State of Maharashtra – Respondent
Public Interest Litigation No. 25 of 2020
Decided On : 27-01-2021

Advocates:
Advocate Appeared:
For the Petitioners: Gayatri Singh, Ankit Kulkarni.
For the Respondents: P.S. Patil.

Headnote:(A) Constitution of India - Article 21 - COVID-19 - Public interest litigation addressing negligence in care at a government hospital leading to a patient’s death - Claim for compensation of Rs. 50 lakhs and inquiry into malpractice - Court found gross negligence by the hospital administration leading to death; compensation granted at Rs. 5 lakhs to victim's heirs for violation of the right to life. (Paras 1, 9, 53, 56, 58)

(B) Public Interest Litigation - Maintainability - Court clarifies no strict impediment for compensation claims in public interest actions; emphasizes need for genuine public interest. (Paras 12, 30, 31)

(C) Right to Health - Is a fundamental right linked to Article 21; provisions must ensure timely medical care to protect human life. (Paras 31, 56)

Table of Content
1. covid-19 pandemic declaration and its impact. (Para 1)
2. petitioner's claims regarding compensation and inquiries. (Para 2 , 3)
3. mismanagement and negligence in healthcare delivery. (Para 4)
4. allegations of negligence against medical staff and institution. (Para 5 , 6 , 7 , 8 , 9 , 10)
5. legal basis for the maintainability of pil and compensation. (Para 11 , 12 , 13 , 14)
6. respondent's arguments against the petition maintainability. (Para 15 , 16)
7. court's consideration of past judgments on public interests. (Para 17 , 18 , 19 , 20)
8. state's response to negligence allegations. (Para 21 , 22 , 23)
9. principles guiding public interest litigations. (Para 24 , 25 , 26 , 27)
10. reaffirmation of public interest argument. (Para 28 , 29 , 30)
11. rights under article 21 and medical duty. (Para 31 , 32 , 33 , 34)
12. compensation emphasis for violation of rights. (Para 35 , 36 , 37)
13. court's approach to additional petitions and inquiries. (Para 38 , 39)
14. enquiry reports and responsibility for patient care. (Para 40 , 41 , 42 , 43 , 44)
15. implementation of icmr guidelines in healthcare. (Para 45 , 46 , 47 , 48)
16. circumstances surrounding the death of malati nehete. (Para 49 , 50)
17. determination of negligence leading to patient's death. (Para 51 , 52 , 53 , 54)
18. recognition of expanded responsibility for healthcare providers. (Para 55 , 56)
19. conclusions and directives based on findings. (Para 57 , 58)

JUDGMENT :

SHRIKANT D. KULKARNI, J.

1. On March, 11, 2020, the World Health Organization declared COVID-19 a pandemic. In India too, the Government of India has also termed COVID-19 as a pandemic. The on going global Corona virus disease (“COVID”) has affected millions of persons around the world. In order to save precious lives, a public spirited Non-Government Organization acting in concert with two persons from Jalgaon have filed this PIL raising grievances in the matter of Covid-19 pandemic focusing light on mismanagement, negligence, etc. at Government Medical College and Civil Hospital at Jalgaon endangering lives of Covid-19 positive and suspected patients.

2. The petitioners are seeking following directions:-

B. That this Hon’ble Court be pleased to call for the papers and proceedings pertaining to the demise of late Malati Nehete at Civil Hospital and initiate a high level enquiry under the Chairmanship of the Chief Secretary, State of Maharashtra or any other higth level officer as this Hon’ble Court may deem fit, against the erstwhile Dean, Dr. Bhaskar Khaire, the administrative head of the Civil Hospital and Dr. Kiran M. Patil, the head of Operations of the Civil Hospital and all other officers and staff responsible for the unfortunate death of late Malati Nehete including the negligence on the part of the concerned police officers who failed to locate the body of late Malati Nehete even though the same was lying within the toilet of Ward No. 7 itself.

C. That this Hon’ble Court be pleased to issue a writ of mandamus or any other appropriate writ order or direction in the nature of mandamus directing the Respondent police authorities to include the erstwhile Dean, Dr. Bhaskar Khaire, the administrative head of the Civil Hospital and Dr. Kiran M. Patil, the head of Operations of the Civil Hospital as accused in FIR No. 228 of 2020 lodged at Jilha Peth Police Station.

D. That this Hon’ble Court be pleased to initiate a high level enquiry into the deaths caused in the Civil Hospital due to negligence of the Civil Hospital Administration as well as harassment caused to suspected patients w

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2021 Supreme(Bom) 140

Cases Referred (11)