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2019 DIGILAW 160 (MEG)

S. P. Mahanta v. Union Of India

2019-05-20

H.S.THANGKHIEW, MOHAMMAD YAQOOB MIR

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JUDGMENT : Mohammad Yaqoob Mir, J. Requisite two affidavits on behalf of Department of Cardiology have been filed, wherein amongst other details, treatment given to the lady who lost her life is made mention of, however, supply of medicines and other devices appears not to have been taken care of at the relevant stage during treatment to the patients. In view of the statement made in the affidavit by Department of Cardiology response of NEIGRIHMS is required. Mr. K Paul, learned counsel for NEIGRIHMS submits that he has filed rejoinder affidavit today in the Registry and copy has been furnished to the petitioner as well as to the Department of Cardiology. 2. It is the joint submissions of learned counsel for the parties that routine surgeries including emergency surgeries have been performed. Medicines, equipments and devices as per requirement from available sources in addition from Amrit Pharmacy are made available, therefore, normal functioning of Cardiology Department is not in any manner impeded. 3. In view of the submissions made we are satisfied that timely intervention of the Court and also by the government has helped NEIGRIHMS, more particularly Cardiology Department to start its functioning as usual. 4. We hope and trust that both Cardiology Department and other authorities at the helm of affairs will remain coordinated and will ensure that whatever happened in the past will not be given chance of its repetition. 5. Affidavit on behalf of Amrit Pharmacy has not been filed it shall be open for Amrit Pharmacy to file their affidavit within one week. 6. Petition shall come up for consideration regarding negligence, if any, to be ascertained vis-a-vis death of the lady. 7. MC (PIL) No.3 of 2019 be delinked from PIL No.3 of 2016 as such shall be registered as PIL No.5 of 2019. 8. Original medical record pertaining to the treatment of deceased woman shall also be produced on the next date for perusal. 9. List again week following next. 10. Copy of this order be supplied to the learned counsel for the parties.