Back
[2009(3) ADJ 541 (DB)]
ALLAHABAD HIGH COURT
BEFORE : SUNIL AMBWANI AND DILIP GUPTA, JJ.
RAMJI SINGH @ MUJEEB BHAI .....Petitioner
Versus
STATE OF U.P. AND OTHERS ...Respondents
(Civil Misc. Writ Petition No. 38985 of 2004, decided on 27th March, 2009)
(B) Constitution of India—Articles 21 and 366—General Clauses Act, 1897—Section 3 (42)—(Indian) Penal Code, 1860—Section 11—Transplantation of Human Organs Act, 1994—Sections 3 to 7—Word “person” although not defined in Article 366—But its definition in Section 3(42) of General Clauses Act—Section 11 of I.P.C. and in other Acts—Brings a dead person also within its sweep—Therefore, even a dead person or his body needs appropriate protection in preservation—Article 21 also includes within its ambit bodies of dead person in a restricted sense—High Court expressed its pain on actions of certain elements of society who put bodies of dead person on road, who are victims of accident or other crime for staging their protest etc.—Such things need immediate action—No one can be permit to do such disgraceful and undignified acts. [Paras 11 to 15 and 18 to 21]
By the Court.—By this writ petition the petitioner has drawn attention of the Court to the appalling conditions in the mortuary established by the State Government in Swarup Rani Nehru Hospital (SRN Hospital) attached to the Moti Lal Nehru Medical College at Allahabad. In para 15 of the writ petition it was stated that at present there are 11590 jars with viscera in connection with 5795 criminal cases beginning from 1973 to 2003 lying in the mortuary in the year 2004, causing foul smell in the area. The eight air conditioners installed in the mortuary are in the state of disrepair. There are no exhaust fans in the mortuary house and that underground drains for left out waste is blocked causing pollution and unbearable smell in the area. The windows and the roofs are in broken condition and no ice is provided during failure of electricity causing further deterioration of the bodies, which are not claimed. The Government sanctions an amount of only Rs. 500/- for disposal of the unclaimed dead bodies. It is not possible to arrange for transportation and for hygienic and safe disposal of the unclaimed bodies resulting into their disposal in the rivers and which adds to water pollution in the rivers at Allahabad.
2. We had by our order dated 8.9.2006 directed the Chief Medical Officer and the Senior Superintendent of Police, Allahabad to submit a report for taking steps to destroy the viscera, which are not required in law, after seeking approval of the District Judge, Allahabad and the DGC (Criminal) and to shift the remaining viscera to any other place within the control of these authorities. We also directed the postmortem house to be repaired and to submit a report with regard to providing necessary funds for taking care of the disposal of the unclaimed bodies after postmortem and the manner in which the police disposes them of.
3. The matter was listed before the appropriate Court, which made observation that since the matter has been heard on several dates, it will be appropriate that it may be heard by the same Bench. Hon’ble the Chief Justice by his order dated 27.7.2006 has assigned the matter to us, after which we are monitoring the directions issued by us and various Government Orders issued in compliance thereof.
4. On 6.10.2006, 2.2.2007 and 23.2.2007 we passed the orders as follows :
“6.10.2006
Two counter affidavits on behalf of the Senior Superintendent of Police, Allahabad and the Chief Medical Officer, Allahabad have been filed in this petition. In the affidavit filed on behalf of the Senior Superintendent of Police, a copy of the report dated 5th October, 2006 submitted by the In-charge Senior Superintendent of Police, Allahabad has been enclosed. It has been pointed out that in the Swaroop Rani Hospital, Visras in large numbers are lying in the Post-Mortem House and a list is being prepared by the Chief Medical Officer. It has also been pointed out that for unclaimed bodies the funds made available by the State Government are not sufficient.
In the counter affidavit filed by the Chief Medical Officer, Allahabad a report dated 5th October, 2006 has been enclosed. It has been pointed out that pursuant to the order dated 8th October, 2006 passed by us, ceiling fans and the exhaust fans have been replaced and some repair work has also been carried out in respect of the windows and walls. For the major repairing work, a proposal has been sent to the Executive Engineer for providing the necessary budget.
In such circumstances, we direct the Chief Medical Officer, Allahabad to prepare the complete list giving the details of the Visras that are lying in the Post-Mortem House and those which have been disposed of. The Chief Secretary, Government of U.P. shall also file his personal affidavit indicating how much money is proposed to be sent for the disposal of the unclaimed bodies.
This may be done by the next date of listing i.e. 27th October, 2006.
2.2.2007
Learned Standing Counsel has filed a counter affidavit of Dr.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
