AVADH KAUSHIK Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) W.P.(C) No.7230/2013 was filed as a Public Interest Litigation flagging attention to several deficiencies qua timely medical treatment of prisoners and the delays in intimation thereof to the relatives of the said prisoners. The cause of action for filing the petition was the death in judicial custody of a person and the delay in conducting postmortem. Notice of the petition was issued and vide order dated 19th November, 2013 directions issued for conducting the postmortem. Replies/rejoinders have been filed. However the petitioner appearing in person on 13th August, 2014 confined the arguments to the aspect of curing the delays in conducting the postmortem.

(2.) W.P.(C) No. 3000/2014 though not filed in public interest, was also filed seeking mandamus for constituting a Board of Doctors for conducting the postmortem relating to death of one person in a hospital in Delhi and complaining of delays therein. While issuing notice thereof also, postmortem was ordered to be conducted immediately. Thereafter the counsel for the petitioner therein confined the relief in that petition also to curing the delays in conducting of postmortem and since that question was already pending before this Bench in W.P.(C) No. 7230/2013, W.P.(C) No. 3000/2014 was also placed before this Bench only. The petitioner in W.P.(C) No. 7230/2013 is the counsel for the petitioner in W.P.(C) No. 3000/2014.

(3.) The respondent GNCTD in its counter affidavits has listed the various steps already taken to ensure timely conduct of postmortem. It is informed that 13 hospitals of GNCT of Delhi are designated for conducting postmortem and medico legal examination; postmortem examination is conducted on all days of the week including Sundays and holidays and in exceptional cases where circumstances so require, on the request of Delhi Police, postmortem is also conducted by a Medical Board, consisting of three or more Doctors/available faculty members, constituted by the Health and Family Welfare Department, GNCT of Delhi. It is further informed that the procedure of constitution of Medical Board has been streamlined by the department for fair and even distribution of workload among five Government hospitals in Delhi which are equipped for the purpose and that in exceptional cases, where Medical Board is required to be constituted is expeditiously, it is so constituted.