A S MITTAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The facts of this case are indeed distressing. The Lions Club, Pottery Town at Khurja in Uttar Pradesh arranged and conducted, as part of its social service programme, an "Eye Camp" intended to extend facilities of expert Ophthalmic surgical services to the residents of the town. The Club invited Dr. R. M. Sahay of the Sahay Hospital, Jaipur and his team of doctors to offer the surgical services. The Camp was arranged in 'Aggarwal Dharamshala' at Novelty Road, Khurja. Dr. R. M. Sahay and his team of doctors and para-medical staff, who arrived in Khurja on 21st April, 1986, examined about 122 patients. One hundred and eight patients were operated upon, 88 of them for Cataract which, with the modern advances in Ophthalmic Surgery, is considered a relatively minor and low-risk surgery. Dr. Sahay left Khurja that evening for Moradabad where he was scheduled to conduct similar operations at another "Eye Camp."

(2.) The matter was brought before this Court in the form of a Public Interest Litigation under Art. 32 by two social activists, Shri A. S. Mittal and Shri Om Prakash Tapas, acting on behalf of an organisation called 'Union for Welfare and Human Rights'. Originally, the four re-spondents were the State of U.P., Dr. R. M. Sahay, the Chief Medical Officer, Buland Sahar District (U.P.) and the Lions Club of Pottery Town, Khurja. However, this Court by its order dated 26-9-1986 directed the Indian Medical Council and the Union of India to be impleaded as parties to the proceedings. All the respondents have filed their respective counter-affidavits.

(3.) At the directions of the Government of Uttar Pradesh. the Deputy Director (Eye Treatment) conducted an inquiry into the happenings and his report and recommendations submitted to the Government are produced in the proceedings. Similarly, the inquiry report dated 8-6-1986 conducted by Shri Shatrughan Singh, Sub-Divisional Magistrate, Khurja as to the incident are also before the Court. We have perused these reports and the counter-affidavits and heard learned counsel.