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).
