GOURANGA CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A member of the West Bengal Legislative Assembly is the petitioner in this writ petition which includes in the array of respondents, the Hon'ble Speaker of the said legislative assembly as the fourth respondent.

(2.) It is claimed by the petitioner that while the winter session of the said legislative assembly was in progress, the leader of the opposition and other members owing allegiance to the Left Front had given an adjournment notice to the Hon'ble Speaker in respect of alleged violation of guidelines by the Reserve Bank of India and the Securities Exchange Board of India by various chit funds and the situation arising therefrom. The aforesaid adjournment notice was rejected whereupon the leader of the opposition raised his voice of protest. The Hon'ble Speaker suspended 4 (four) opposing members who had lent their voices to the leader of the opposition. This was followed by utter chaos and mayhem. One lady member owing allegiance to the ruling party chased another lady member owing allegiance to the opposition and pulled her by the hair. The victim member was thereafter dragged by the assailant and other members who joined her, towards the Treasury Bench. The petitioner attempted to save the victim member from being physically attacked by the assailants. It was at this stage that the petitioner was physically assaulted and severely beaten up by the members from the Treasury Bench by random fists and kicks on his chest, abdomen and head. Because of such physical assault, the petitioner sustained severe injury. The doctors attached to the said legislative assembly were thereafter called who rendered primary medical assistance and advised shifting of the petitioner for better care and treatment to the SSKM Hospital. There, the attending nurse immediately applied intravenous medicine making him drowsy whereafter a C.T. Scan was conducted. The outdoor ticket issued by the SSKM recorded "no definite intercranial hge is found or injury is seen. No neuro surgical intervention needed". The petitioner was immediately discharged, allegedly without proper care and treatment.

(3.) After his return from the SSKM Hospital to the MLA Hostel, the petitioner started vomiting and his condition deteriorated. He was shifted to Ekbalpur Nursing Home Pvt. Ltd., where he was admitted and treated, and ultimately discharged on December 15, 2012. Upon various medical examinations, the doctors diagnosed the petitioner with fracture on the right temporal bone. The report further revealed that the petitioner had been suffering from Chronic Obstructive Pulmonary Disease, Pulmonary Hypertension and Cholelithiasis ASD.