PREM WATI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has invoked extraordinary jurisdiction of this Court under Article 226 of the Constitution of India to hand over the matter for investigation by the Central Bureau of Investigation. Brief facts of the present case, inter alia, are that petitioner has reported Guru Nanak Dev Government Hospital, Amritsar, for acute pain in her abdomen on 23.3.2001; same day ultrasound was done and stones were detected in uretar and she was advised immediate operation and was asked to arrange amount of Rs. 12,000/- for operation charges; since, petitioner was not having adequate money for operation, she was discharged from the hospital on 24.3.2011; however, again on the recommendation of NGO 'Sewa Bharti' she again reported to the hospital on 30.3.2001 and she was admitted as a poor patient for free treatment and was operated upon for removal of the stones from uretar on 31.3.2001. After discharge from the hospital, abdominal pain did not vanish and was still subsisting, therefore, petitioner went to another doctor at Amritsar Sewa Samiti (Regd.) and on the recommendation of the doctor of Amritsar Sewa Samiti, ultrasound was done on her abdomen on 9.7.2001; after seeing the ultrasound report, doctor of Amritsar Sewa Samiti has informed the petitioner that her left kidney could not be seen in the ultrasound and was found removed; on this, petitioner again approached the Guru Nanak Dev Hospital and met Dr. Jaswinder Pal Kaur Shergill-respondent No. 2 and asked about the removal of her kidney. However, she was returned back after giving Rs. 500/- to drink the fruit juice and plenty of fluids and some of the medicines were provided to the petitioner. Meanwhile, petitioner developed ailment in her right kidney as well; on 9.10.2004, petitioner was told by the doctor of Amritsar Sewa Samiti that her left kidney has been removed in the previous surgery; petitioner has made a complaint to the Senior Superintendent of Police on 19/20.10.2004 about removal of her left kidney without her consent and petitioner was made victim of human organ sale. On the complaint, inquiries were started by the police as well as by the Medical Superintendent of the Medical College, Amritsar. However, petitioner did not feel satisfied with the inquiries conducted by the police as well as the Medical Superintendent, therefore, has approached this Court by way of present petition.

(2.) Initially, a Division Bench of this Court has proposed to hand over the investigation in the matter to the CBI, however, on 21.3.2005, Mr. M.L. Sarin, learned Senior Advocate, appearing for the petitioner, made statement that in view of the pitiable condition of the petitioner and her physical incapacity, it would not be possible for her to pursue the matter with the CBI, therefore, inquiry may be got done by the District and Sessions Judge, Amritsar. As per the request of Mr. Sarin, inquiry was marked to the learned District and Sessions Judge, Amritsar.

(3.) Learned District and Sessions Judge has recorded the statement of the petitioner as CW 7 wherein she has stated that she went to the hospital along with her husband on 30.3.2001 and was operated for the removal of the stones on 31.3.2001; after about one month she again reported to the hospital along with her husband and again operated upon and was discharged from the hospital; however, when the pain did not subsist even after the second operation, she reported to the clinic of Amritsar Sewa Samiti where she was told that her left kidney was removed.