ADHIR RANJAN CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This public interest litigation has been brought by the petitioner who is a Member of Parliament and President of the District Congress Committee of Murshidabad District within the State of West Bengal.

(2.) This writ petition relates to death of several children for an unknown cause mainly in the Lalgola and Jangipur Block of Murshidabad District during the period of May 14, 2003 to June 14, 2003. According to the petitioner about 95 persons died during the said period whereas respondent authorities disputed such fact. However, the respondent authorities admitted that about 19 deaths occurred for the said unknown disease during the said period in the State Hospitals. The State also admitted that there might have been more deaths within the village who did not approach the Governmental Agency for treatment.

(3.) Initially, we directed affidavits to be filed so that the State Authority could justify their conduct. Accordingly, affidavit-in-opposition was filed by the State through the Chief Medical Officer of Health, Murshidabad. The brief facts of the State version are as follows: In the middle of May, 2003 children with history of febrile convulsion, respiratory tract infection (RTI), Broncho Pneumonia, diarrhea were admitted to different State Hospitals in the District. The doctors immediately gave proper treatment. However, there had been deaths occurred in some cases as those patents were brought to the hospital almost in dying condition. On June 2, 2003 the information as to the said unknown disease was given by one female health assistant of Lalbagh Block to the Block Medical Officer. Immediately steps were taken. Medical team was sent to the affected areas. The medical team could not find out the actual cause of the disease. The blood samples, throat swab and CSF were collected from various patients and were sent to the National Laboratory at Pune and Delhi as well as to the School of Tropical Medicine, Kolkata. After investigation it transpires that the cause of the said disease was due to Influenza B virus as per the report received from the New Delhi on 25th June, 2003. The investigation caused by the medical team during period 11th June, 2003 to June 15, 2003 also revealed that the said disease was due to influenza B virus. In the said detailed report it transpires that 45 deaths toll took place out of the said disease and the death took pick during May 28, 2003 to June 3, 2003. The said calamity subsided on or about June 14, 2003 as per the graph drawn in the said report.