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Judgment
This Court received a petition from the Advocates'' Association,
Jharkhand High Court regarding negligence on the part of the police
administration and the medical authorities, due to which a young lawyer
namely, Dharmender Kumar has lost his life on 21.01.2017 in a road
accident at National Highway, Hazaribagh. It is alleged therein that despite
the accident Dharmender Kumar was not administered proper treatment
within time due to which he died and the same has once again exposed the
sorry state of affairs with no empathy from either the police personnel or
the medical fraternity in dealing with accident cases. It is also alleged that
there was no ambulance on the National Highway within that area for
more than an hour. Even the police personnel of Charhi Police Station,
who reached there, refused to help saying that this area does not come
within their territorial jurisdiction. Thereafter, two persons rushed the
injured to the nearby hospital by an autorikshaw. It is also alleged that
even in the hospital, the hospital authorities did not take any steps to
save the life of the patient or to shift him to Sadar Hospital, Hazaribagh.
Thereafter, he was again shifted to Sadar Hospital by an autorikshaw by
those two persons. No ambulance was provided by the hospital. Several
other allegations have also been made against the Police authorities and
hospital authorities.
Considering it a very serious matter, we direct the Registry to
register this petition as Public Interest Litigation. Let notice be issued to
the following, who are hereby made respondents in this Public Interest
Litigation:-
The State of Jharkhand through the Chief Secretary, Jharkhand
The Principal Secretary, Department of Health, Medical Education & Family Welfare, State of Jharkhand, Ranchi
The Director General of Police, Jharkhand.
National Highway Authorities.
This Court further directs the Principal District & Sessions
Judge, Hazaribagh to inquire into the matter and submit his report within
48 hours.
This Court further directs the Chief Secretary, Jharkhand to
immediately intimate all the concerned officers to cooperate in the inquiry.
All the respondents are directed to file their counter affidavit on or
before 27th January, 2017.
Let a free copy of the order alongwith a copy of this petition be
handed over to the learned Advocate General, who is present in the Court,
for communicating the same to the Chief Secretary. A copy of the same be
also handed over to learned lawyer for National Highway Authorities and a
copy of the same be communicated to the Principal District & Sessions
Judge, Hazaribagh by FAX, in course of the day for the needful.
Let this Public Interest Litigation be listed on 27.01.2017 (Friday).