(1.) Instant public interest litigation has been filed for a Declaration, declaring G.O.(Ms).No.102, Health and Family Welfare (Z1) Department, dated 02.05.2013, cancelling G.O.(Ms).No.289, Health and Family Welfare Department, dated 13.06.1996, which permitted the practice of doing postmortem during night hours in respect of accident cases, issued by the respondent herein, as null and void, as the same is in arbitrary, illegal, capricious and in violation of Articles 14 and 21 of the Constitution of India and also against the principles of natural justice and consequently, to direct the respondent, to take necessary action to perform postmortem, during night hours also.
(2.) On 09.04.2019, we passed the following order:-
(3.) Material on record discloses that earlier in 1996, Government have issued G.O.(Ms) No.289 Health and Family Welfare Department dated 13.06.1996, permitting postmortem to be performed during night hours in the case of deaths due to accident.