K C MALHOTRA DR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is a public interest litigation. The petitioner is a serving medical officer. He has shown concern for the dead in the same manner in which medical profession cares for the living. Railway administration has been arrayed as one of the respondents. The question whether public interest litigation can be resorted in such matters is not res integra. In Dr. P. Nalla Thampy Thera v. Union of India and others, (1983) 4 SCC 598, Ranganath Misra, J. (as his Lordship then was), took cognizance of a petition filed against the Railways claiming protection under Articles 19 and 21. After taking note of the development of the Railways in this country right from British times, meaningful observations were made in paras 25 and 27 of the report. These read as under :

(2.) ON 24th November 1993, at 4 A. M. Malwa Express was on its way to Delhi. Near Birlanagar Railway Station, an unfortunate accident took place. The above train was involved in a head on collision with a goods train. Sixty one persons were injured. Twelve were left dead.

(3.) IN the petition, petitioner has referred to the fact that this accident could have been avoided had proper care and caution been exercised by the railway department but looking at the prayer clause of the petition, it appears that his main grievance is that for five days dead bodies were kept in the dead house and no effort was made to inform the relatives of the unfortunate victims. He has also taken exception to the factum of burying the dead bodies. The petitioner contends that audio and visual media should have been approached so that the relatives could identify the dead bodies.