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2008 Supreme(Pat) 130

PATNA HIGH COURT
Rajesh Balia and Barin Ghosh JJ.
Vikash Chandra @ Guddu Baba
Versus
Union Of India
Criminal Writ Jurisdiction Case No. 6306 of 2000 ;
Decided On : JANUARY 21, 2008

The central legal point established is the requirement for respectful and lawful disposal of unclaimed and unidentified dead bodies, in accordance with the law and the deceased's faith.

Headnote:

Dead Bodies - Disposal of Dead Bodies - The court addressed the undignified disposal of dead bodies at Patna Medical College and Hospital, emphasizing the need for respectful and lawful disposal in accordance with the deceased's faith.

Fact of the Case:

The petition initially concerned the undignified disposal of dead bodies at Patna Medical College and Hospital, leading to various interim applications and orders on multiple subjects.

Finding of the Court:

The court decided to close the petition by passing appropriate orders on the original cause and allowing parties to bring independent petitions for live causes. It emphasized the need for respectful and lawful disposal of unclaimed and unidentified dead bodies, in accordance with the law and the deceased's faith.

Issues: Undignified disposal of dead bodies, multiple interim applications and orders, regulation of sanitary conditions, negligence in treating patients.

Ratio Decidendi: The court emphasized the importance of respectful and lawful disposal of unclaimed and unidentified dead bodies, and allowed parties to bring independent petitions for live causes.

Final Decision: The petition was disposed of, subject to the liberty for parties to bring independent petitions for live causes, and with an expectation for the respectful and lawful disposal of unclaimed and unidentified dead bodies.

Judgment

1. This petition when initially presented on 13.7.2000 was primarily concerned with the undignified disposal of the dead bodies coming to Patna Medical College and Hospital particularly, about the disposal of such dead bodies which have been subject to the post mortem were thrown in the Ganges without even stitching post mortem operation opening and certain incidental reliefs in respect thereof as well as a general direction to the State of Bihar for taking action against the erring Officers and Staff of the Patna Medical College & Hospital for disposing of the unclaimed and unidentified dead bodies at the backyard of the Patna Medical College and Hospital, which is not only against the dignity of dead but was a vital threat to public health.

2. Since commencement this petition it has turned into several rivulets through a maze of interim applications and scores of orders on multiple subjects; which included regulating sanitary conditions prevailing in Patna Medical College & Hospital, enquiry into distribution of free medicines, enquiry into crass and grossly unsympathetic attitude of members of clinical staff of the Hospital, enquiry into trespasses over Government land, negligence in treating patients and may mean in the process of new direction at every steps it has now become difficult to discern which of the causes still survives or which have come to dead end.

3. In these circumstances it appears just and fair to close this petition by passing appropriate order on the original cause and leaving the respective other interests represented through their counsel or party in person free to bring in respect of live cause independent petition, if so advised, to be prosecuted by them as an independent. It will be open to incorporate the different orders passed by this Court in any such petition in respect of the particular cause to be pursued as the public cause, so that the same can be dealt with focussed attention.

4. So far as the disposal of the dead bodies is concerned, no further complaint has been made about the dumping of the dead bodies in Ganges and their disposal. It is expected that Patna Medical College & Hospital Officials or the State Officials will see to it that the disposal of unclaimed and unidentified dead bodies are done in accordance with law with utmost respect to the dead and in case it is verifiable the last rites may be in accordance with known faith of the deceased.

5. With these observations this petition is disposed of subject to the liberty as aforesaid.

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