LAWS(MPH)-2018-2-349

TAPAN BHATTACHARYA Vs. UNION OF INDIA & OTHERS

Decided On February 15, 2018
TAPAN BHATTACHARYA Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) Petitioner, who is a lawyer by profession has filed the present Public Interest Litigation. He is also a social worker has sought for writ of mandamus directing the respondents for a judicial enquiry into the suspicious and mysterious death of Late Shri Anil Madhav, Union Minister for Environment and Forest.

(2.) Late Shri Anil Madhav was born in Badnagar, near Indore and was educated in Gujarati College and Government Arts College, Indore. He has residence in Shanti Nagar, Indore. He was a devoted RSS leader. He was unmarried and was staying in his parental house along with his cousin. After being elected to the Rajya Sabha from Madhya Pradesh, he was made Minister of State (Independent Charge) in the Union Government holding the important portfolio of Environment and Forest.

(3.) According to the petitioner, the multinational companies, Monbsanto and Bayer pushing GM Crops in India as a "Cartel" and were bringing pressure on the Government of India, to approve the cultivation G-17 Hybrid Sarso. As a RSS man and committed to Swadeshi, he was declined to approve Hybrid G-17. On 17.5.2017, he was called by top Central Government dignitary to meet him. The representatives of farmers from various States and the environmental organizations and social activists met him requesting him not to sign in favour of G-17. As per averments made in the writ petition, he has no mind to give approval to G-17 cultivation. After meeting the top Government dignitaries, Shri Anil Madhav, having dinner, slept in his room alone. As per India Today news-paper, dated 18.5.2017, it was reported that when his staff went to wake him up at 7.30 A.M., he was found dead. As per Financial Express, reporting dated 19.5.2017, "the exact cause of his death was not immediately known". Earlier on Wednesday, he spent long time in his office and held a detailed discussion with group of activists who were protesting against the clearance granted to a genetically modified mustard variety. In the evening, he had a meeting with Hon'ble Prime Minister at about 7.30 P.M. At about 7.30 A.M., Dave's staff tried to woke him up. The Minister was then taken to AIIMS where doctors declared him dead at 9.45 A.M. He was at AIIMS at 9.00 A.M. in the stage of cardiac arrest. All possible measures were taken immediately at AIIMS, but he could not survive and declared dead at 9.45 A.M. As per reporting in Hindustan Times dated 18.5.2017, Shri Dave, was taken straight to the cardio-thorasic tower two of the hospital and admitted in to the cardiac care unit, which is the Intensive Care Unit for cardiac emergencies. "Doctors tried hard to revive him, but his condition kept on deteriorating" and he was declared dead around 9.45 A.M.