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Supreme Court Grants “Leave” To PBT For Asking Calcutta High Court To Remove Demand For Rs. 10 lakh Advance Deposit For Hearing PIL To Exhume Body Of Victim Of Medical Negligence: Supreme Court Tells PBT

While hearing PBT’s challenge to recent direction by Calcutta High Court to deposit Rs. 10 lakh as a pre-condition for hearing PIL seeking exhumation and postmortem of a 6-month old baby-girl victim of alleged medical negligence, 3-judge bench of Supreme Court presided by chief justice Mr. Dipak Mishra granted “leave” to approach the same Calcutta High Court bench asking to remove the Rs. 10 lakh advance deposit. The Apex Court also indicated that there is no provision in law to impose a pre-conditional deposit even before hearing a public interest litigation (PIL). Appearing for PBT, Senior Advocate Mr. Bhim Singh argued that it is unheard of that a court can impose financial burden even before hearing a PIL or judging whether it is maintainable or not. The order passed last month by division bench of Calcutta HC presided by chief justice shocked all NGOs and conscientious citizens who take the duty to fight social injustices by filing PILs for benefit of the entire society. The PIL was filed after the poor father of the baby-girl victim, who died at HLG Hospital at Asansol, came to PBT seeking help in finding medical justice for his departed child. Postmortem even after burial may shed more light to identify the exact cause of death of this unfortunate baby. The original PIL will now be heard and decided by the Calcutta High Court (see news below).

NDTV (July 14, 2018)

Comments on this entry are closed.

  • Ganesh Mandal July 14, 2018, 10:59 am

    I also read this good news from Bartaman Patrika which is very good news to all
    medically negligence patients and all NGOs. Thanks to PBT for fighting for poor medically negligence patients. Good job.

  • Saileswar Chakrabarti July 14, 2018, 11:27 am

    Congratulations. Our fight for genuine cause and just justice for medical negligence cases always bring and would bring success.

  • Parag July 21, 2018, 1:20 am

    Congratulations PBT! It was an insensitive and ridiculous judgement by Calcutta HC that had to be over ruled.

    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