M.B. SHARMA, J.— In this public interest litigation relating to functioning of the S.M.S. Hospital Jaipur and other government hospitals in Rajasthan, more so, in respect of various commissions and omissions by various function-aries therein, the petitioner, who is a freedom fighter and has been active in and has very long association with the Sarvodaya Movement and claims to believe in the Philosophy of Mahatma Gandhi, the father of the Nation, seeks from this court direction that a commission of Inquiry under the provisions of commission of Inquiry Act, 1952 (for sort, the Act) be set-up by the State of Rajasthan to find out and identify the guilty persons responsible for the various incidents of deaths and other sufferings. We will at the latter stage of this order deal with the question as to whether this Court can order the State Government to set up a commission of Inquiries under the provisions of the Act, but for the present we will give few facts as alleged in this writ petition, though we may state that in a public interest litigation the strict law that the court should confine to the pleadings is not practicable as it is not expected that in such matters the petitioner

Click Here to Read the rest of this document