( 1 ) THIS public interest litigation has been brought by the petitioner who is a Member of Parliament and President of the District Congress Committee of Murshidabad District within the State of West Bengal.

( 2 ) THIS writ petition relates to death of several children for an unknown cause mainly in the Lalgola and Jangipur Block of Murshidabad District during the period of May 14, 2003 to June 14, 2003. According to the petitioner about 95 persons died during the said period whereas respondent authorities disputed such fact. However, the respondent authorities admitted that about 19 deaths occurred for the said unknown disease during the said period in the State Hospitals. The State also admitted that there might have been more deaths within the village who did not approach the Governmental Agency for treatment.

( 3 ) INITIALLY, we directed affidavits to be filed so that the State Authority could justify their conduct. Accordingly, affidavit-in-opposition was filed by the State through the Chief Medical Officer of Health, Murshidabad. The brief facts of the State version are as follows: in the middle of May, 2003 children with history of febrile convulsion,