GOVT OF NCT OF DELHI Vs. SUDHA DEVI

JUDGEMENT

(1.) SUDHA Devi was admitted to the "maternity Ward" of G. T. B. Hospital, Shahdara on 7. 7. 2003 as an expectant mother. A caesarian section had to be performed. A male child was born to her the same day at 2. 30 p. m. Needless to state because of the surgery, Sudha Devi was administered pain killers, sedatives and antibiotics which obviously affected her mental alertness. Being a Female Ward, no male members were allowed to stay in the ward. She had no female relatives to look after her and a lady in the neighbourhood, Indu volunteered to give her company in the hospital.

(2.) AT around 4:30 AM on 8. 7. 2003 the infant was found missing. Obviously the infant had been kidnapped. A FIR under Section 363 IPC, being FIR no. 157/2003 was registered with the local police at P. S. Dilshad Garden. The infant could not be found.

(3.) SUDHA Devi sued the hospital authorities as also the Government of NCT Delhi which had established the hospital for damages. She impleaded the commissioner of Police Delhi as also the Union of India as parties. She claimed rs. 5 lacs as compensation.