Sachchidanand (Sachchey) [ P. I. L. ] Civil v. State of U. P. Thru Principal Secretary Health & Family Welfa
2011-06-23
SHABIHUL HASNAIN, VEDPAL
body2011
DigiLaw.ai
Vedpal, J.;- An oral request was made by Senior Advocate, Ms. Kamini Jaiswal early in the morning at 10.15 A.M. to the court. She has pleaded before the court regarding a recent unfortunate incident of death of Deputy Chief Medical Officer Y.S. Sachan in jail premises. It has a direct connection with writ petition no. 3611(M/B) of 2011. There is a pending PIL in which she had requested the court to order for a CBI inquiry and the matter is pending in the High Court. She pleaded that she wants to move an application in the same petition for getting an order by this court that autopsy of the body of the deceased Dr. Y.S. Sachan be conducted by an independent panel of doctors because she as a petitioner and and the public-in-general are shocked by the gory incident which are taking place one after another. 2. We are sitting in vacation. The regular hearing of the matter can not be made. However, since in the present situation time was of essence and immediate action was required on the part of the judiciary, hence, the court accepted the oral request and allowed the petitioner to bring in a formal application and this is how the case is before us. 3. The learned Advocate General is present along with the Government Advocate. He has made a statement at Bar that the postmortem has been conducted in the morning by a board consisting of five doctors in the presence of the family members. He further says that the brother of Dr. Y.S. Sachan who himself is senior doctor by profession was also present at the time of postmortem. 4. The request of Ms. Kamini Jaiswal was in the interest of fairness and independence of the doctors so that the postmortem could generate faith in the eyes of common public. 5. In view of the statement made by the Advocate General himself that family members were present at the time of postmortem and a doctor brother was also present, the court feels that no further orders are required. 6. Ms. Kamini Jaiswal has further requested that viscera of the deceased may be preserved. 7. Learned Advocate General informs that this has already been ordered. 8. Application is thus, disposed of. No orders are further required. 9. List the petition on its turn.