ANIL JAIRAM MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioners, Mr. Anil Jairam Mahajan and his spouse Mrs. Sunita Anil Mahajan have instituted these proceedings in the public interest seeking that the Government of Maharashtra frame a policy in respect of the issues which are raised in the proceedings.

(2.) THE fifteen year old son of the Petitioners, Harshal, went on a trek to Himachal Pradesh in May 2006. The trek was organized by the Third and Fourth Respondents. A batch of trekkers left Pune on 23 May 2006 and the trek commenced on 26 May 2006 at a high altitude. On 30 May 2006 the Petitioners were informed initially that their son was serious and soon thereafter that he had died. A postmortem was conducted by the Medical Superintendent of the Regional Hospital at Kullu on 31 May 2006. The postmortem states that the death was in all likelihood due to pulmonary due odema hypoxia leading to respiratory failure and death. The grievance of the Petitioners is based on this tragic experience. For it is contended by them that the Third and Fourth Respondents had not made adequate arrangements for protecting the safety of the batch of trekkers and though it was represented that a doctor would accompany the expedition, the person deputed did not have life saving drugs or other medical equipment.

(3.) AN Intervention Application has been filed in these proceedings by the Akhil Maharashtra Giryarohakh Mahasangh. The Intervenor states that it was established in 1991 and is registered under the Bombay Public Trusts Act in order to support the activity of the adventure sports of trekking and mountaineering. The purpose of the intervention is to assist the Court in formulating regulations so as to ensure that proper precautions are taken while conducting adventure activities in the fields of trekking and mountaineering.