MUNINDRA MOHAN DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. G. Uzir, the learned Sr. counsel appearing for the petitioner in all 5 cases. The respondent No.1 is represented by Mr. D. Nath, the learned Addl. Sr. Govt. advocate, while the learned standing counsel Health Mr. B. Gogoi, appears for the respondent Nos.2 and 3. The Pollution Control Board and their member (respondent Nos.4 and 5), are represented by the learned counsel Mr. H. Baruah.

(2.) The common challenge in all these cases is to the order dated 27.05.2008, whereby, the Government has accorded prosecution sanction for all the writ petitioners, under Section 197 Cr.P.C. for the failure of the concerned Govt. Hospitals to comply with the Bio-Medical Waste (Management and Handling) Rules, 1998 (hereinafter referred to as the "Medical Waste Rules"). Such sanction was granted in pursuant to the direction issued by the Full Bench on 06.12.2007 in the WP (C) [Taken Up] No.4146/2006.

(3.) The issue that requires Court's consideration is whether in respect of the Guwahati Medical College and Hospital, Guwahati; the Assam Medical College and Hospital, Dibrugarh; the Silchar Medical College and Hospital, Silchar; the Barpeta Medical College, Barpeta and the Mahendra Mohan Choudhury Hospital, Guwahati, the petitioners are the Heads of the Department for the concerned institutions, since only in this capacity, they can be prosecuted for the alleged failure of the Govt. Medical hospitals, to comply with the requirement of the Environment (Protection) Act, 1986 and the Medical Waste Rules.