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Calcutta High Court Demands Rs. 10 Lakh Advanced Deposit Before Hearing Of PIL To Decide “Maintainability”: Shocking Signal To All NGOs Fighting For Social Justice

In an unprecedented and shocking blow to all registered humanitarian organizations (NGOs) that are working to help ordinary people of India find social justice through public interest litigations (PILs), Calcutta High Court (HC) passed an unprecedented order directing PBT to make a hefty advance deposit of Rs. 10 lakh even before hearing to decide whether a PIL is “maintainable” or not. PBT recently moved a PIL (W.P. No. 197/2018) seeking direction for exhumation and postmortem of a 6-month old baby-girl after the unfortunate and poor parents came to PBT seeking help to find justice as they alleged lack of care and gross medical negligence responsible for death of their child at a private hospital (HLG Hospital) in Asansol. The hapless parents also lodged a police complaint soon after death of their child but police remained non-responsive as no postmortem was performed to ascertain the exact cause of death.

Victim’s family came to PBT more than two months after death of their baby-girl and PBT approached Calcutta HC through this PIL, with supporting opinion from forensic medical expert, seeking court’s permission to exhume the body to perform postmortem to find the cause of death as also wanted by the hapless parents. Postmortem often sheds light on the exact cause of death of a patient that in turn may prove useful to establish medical negligence. But division bench of chief justice Mr. Jyotirmay Bhattacharya and Mr. Arijit Banerjee of Calcutta HC has directed PBT to make an advance deposit of whopping amount of Rs. 10 lakh for hearing after two weeks to decide whether the PIL is “maintainable”. The HC has further said that the entire money would be forfeited if the court finally decides that the PIL is not maintainable or frivolous. This unprecedented order by a high court obviously sends a chilling signal to all NGOs for filing PILs seeking social justice in future. PBT will challenge this seemingly shocking order in the Supreme Court for the ends of justice.

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  • Ganesh Mandal June 20, 2018, 10:19 am

    All NGOIt is very shocked order that all NGOs will be

  • Ganesh Mandal June 20, 2018, 10:23 am

    it is very shocked order. it is too much money for NGO. A

  • Ganesh Mandal June 20, 2018, 10:41 am

    it is very shocked order. it is too much money for NGOs. All NGOs should come forward with PBT and fight against this order . PBT is working on behalf of medically negligence people how PBT will get this amount of money to file PIL. PBT must challenge in the Supreme Court as I believe. Thanks to PBT for their hard work .

  • Saileswar Chakrabarti June 20, 2018, 7:02 pm

    This is a shocking judgement. There are many such unusual judgements available in the records of this very court. There should be a high level investigation by some sitting Apex Court honourable justices to maintain the purity of judiciary and in the interest of medical and legal negligence serious cases.

  • কৃষ্ণদাস কর্মকার June 22, 2018, 3:57 am

    অর্থনৈতিক মানদণ্ড যদি বিচার পাওয়ার শর্ত হয় তাহলে সাধারণ মানুষ ন্যায় বিচার থেকে বঞ্চিত হবে। কোন সভ্য রাষ্ট্রের গণতান্ত্রিক ন্যায় বিচার পাওয়ার এ এক অভিশাপ। এই ব্যবস্থা (সিস্টেম) শুধুমাত্র মানবাধিকার ই লাঞ্ছিত হবে।

  • Parag June 23, 2018, 1:24 am

    This is not only a shocking judgement but also a judgement by the law against the law. It is ridiculous, where the judges out of their mind or motivated to save criminal doctor’s to pass such a judgement?

    My family is also a victim of medical negligence. I’ve started the petition “Medical Council of India, Lilavati Hospital: Cancel License, expel Corrupt Nephrologist Hemant Mehta, Prashant Rajput who killed my Mom” and need your help to get it off the ground.

    Will you take 30 seconds to sign it right now. Here’s the link:

    http://www.change.org/p/medical-council-of-india-lilavati-hospital-cancel-license-expel-corrupt-nephrologist-hemant-mehta-prashant-rajput-who-killed-my-mom

    Thanks!
    Parag