Nutan Thakur w\/o Sri Amitabh Thakur, r\/o 5\/426, Viram Khand, Gomti Nagar, Lucknow ——- Petitioner
\tVersus
\tState of Uttar Pradesh through Principal Secretary, Medical Health Department, Government of UP, Lucknow
\tState of Uttar Pradesh through Principal Secretary, Medical Education, Government of UP, Lucknow
\tState of Uttar Pradesh through Principal Secretary, Home Department, Government of UP, Lucknow
\tDirector General of Police, Uttar Pradesh, Lucknow ——-
\t Respondents<\/p>\n \tWrit Petition under Article 226 of the Constitution of India
\tTo,
\tThe Hon’ble Chief Justice and His other Hon’ble companion Judges of the aforesaid Court:
\tThe humble petition of the above named petitioner most respectfully begs to submit as under:
\tThat by means of this Public Interest Litigation (PIL, for short) under Article 226 of the constitution of India, the petitioner is invoking the extra ordinary jurisdiction of this Hon’ble court to kindly issue a writ of mandamus directing the respondents to immediately appoint a Judicial enquiry Commission for enquiry into the entire episode that took place in Kanpur on 28\/02\/2014 in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur and the subsequent set of events following this, and to direct that this Judicial enquiry Commission shall present its report to the State government within a period of one month. The petitioner prays before this Hon’ble Court to direct the concerned respondents to take all appropriate measures in compliance of the report presented by this Judicial enquiry committee. The petitioner also prays before this Hon’ble Court to direct the respondents to immediately take all possible administrative measures, including organizing a wide-ranging meeting at the highest possible level with the protesting doctors, so as to bring forth their demands, facts, points of dispute and grievances on record which shall be subsequently handed over to the Judicial Commission appointed for enquiry into the entire episode that took place in Kanpur on 28\/02\/2014 in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur and subsequently in this matter. The petitioners also pray before this Hon’ble Court to direct the respondents to immediate take all possible steps to ensure that the strike by the doctors of the Uttar Pradesh Medical services and others, including the junior doctors, ends immediately, in the larger public interest.
\tThe Petitioner declares that she has not filed any other writ petition before this High Court either at Allahabad or at Lucknow. The Petitioner also declares that she has not received any notice of Caveat from any person including the respondents by post or otherwise. She also declare that to the best of her knowledge and search, there is no pronouncement as regards the above issues being presented through this Writ Petition either by the Hon’ble Supreme Court or this Hon’ble Court.
\tThat this is a Public Interest Litigation (PIL) being filed to immediately end the strike of the doctors in the wake of the incidence that happened in Kanpur on 28\/02\/2014 in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur, because of the larger public interest involved in it and to help in yielding justice to all the concerned parties involved in the sad incidence.
\tThat this being a PIL, in pursuance of Rule 1, subrule (3A) of Chapter XXII of the Allahabad High Court Rules 1952 the petitioner finds it relevant to present some facts regarding her own credibility. The Petitioner is a citizen of India and is well-known and nationally recognized social activist who is positively contributing to the society in all possible ways. She does not have anything against her of such nature which legally or otherwise bars her from filing this PIL. The matter being presented here is primarily related to end the strike of the doctors in the wake of the incidence that happened in Kanpur on 28\/02\/2014 in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur, because of the larger public interest involved in it and to help in yielding justice to all the concerned parties involved in the sad incidence.
\tIn pursuance of the above Rule, the petitioner states on oath that the public cause she is seeking to espouse through this Writ Petition is to end the strike of the doctors in the wake of the incidence that happened in Kanpur on 28\/02\/2014 in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur, because of the larger public interest involved in it and to help in yielding justice to all the concerned parties involved in the sad incidence. The petitioner again puts it on oath that she is not filing this PIL for any ulterior motive save the stated one nor has she received a single penny through any backdoor activity while filing this PIL. She states on oath that she has no personal or private interest in the matter. As far as she knows there is no authoritative pronouncement by the Hon’ble Supreme Court or this Hon’ble High Court on the specific questions raised here. She puts it on oath that the result of the Litigation will not lead to any undue gain to her or anyone associated with her or any undue loss to any person, body of persons or to the State but would result in better protection of women of the State of UP at their workplace as has been the intent of the Act.
\tThat coming to the matter of the PIL, a most unfortunate incidence took place in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur in the evening and night of 28\/02\/2014 (Friday).
\tThat while there are various versions of the story and what exactly happened that evening and night, a few things that go undisputed are being presented here.
\tThat while there are a minimum of two theories about what started this incidence and each side would like to stick to its own set of theories and facts, but without going into the question of who started it all and how much are the supporters of the MLA and the medical students\/junior doctors responsible for the set of events, the petitioner would like to state that whatever happened in the evening of 28\/02\/2014 at around 7 PM in the campus of the GSVM College, the end result was that the Samajwadi Party MLA from Sisamau, Kanpur Nagar Sri Irfan Solanki with his supporters and the junior doctors had an altercation amongst themselves and allegedly the MLA along with his gunner and driver was admitted to a city hospital, where their condition was stated to be stable. Possibly, some junior doctors also had small injuries
\tThat if the matter had ended at this stage and the local police had taken a neutral, balanced, appropriate and even-handed approach after this incidence, so as to register cases of those who wanted get their FIRs registered and to take action in accordance with law and as per the facts obtained during investigation, the matter would not have turned the way it actually turned later
\tThat but unfortunately, after this incidence, the Senior Superintendent of Police (SSP) of Kanpur Sri Yashaswi Yadav himself got involved in the entire matter.
\tThat it is being said that after the MLA got beaten, the people in the locality, gathered in very large numbers and they started protesting against the beating of their MLA and possibly also took law in their hand by doing acts which were primarily illegal
\tThat it is also being widely said that the beating of the MLA had the potential of snow-balling into a major law and order situation because the locality around the Medical College consists primarily of persons belonging to Muslim community who were largely supporters of the MLA who had not taken kindly to the beating of their leader and were preparing themselves to vent their anger in big way
\tThat hence if the SSP came to the spot with a large contingency of force, it would be termed extremely appropriate
\tThat but what the SSP allegedly did on the spot is something that prima-facie does not seem to be proper
\tThat there are two videos being circulated widely on internet. The first video at youtube link at https:\/\/www.youtube.com\/watch?v=IXBTrred5Lg#t=68 is of 2.04 minutes.
\tThat this video tells a lot about the actual incidence when the SSP and his large force had arrived. The video begins with the SSP and his force coming to the campus. The SSP or some other police officer is said to be saying-“Aadha force pichhe naa lagaaya jaaye, gate band karo” (Let us put half of the force in the backside, now close the gate). This is followed by the police, along with the police catching hold of a middle-aged professor wearing blue coat to whom the policemen start abusing in the filthiest of language using abusive languages related with mother, sister and so on. The police catch hold of this professor and when he says that he is a Professor, some of them say-“Pakad lo” (catch him) while others ask him with lots of abuses where the students are. Once this professor gets left, the video shows a medical student in Blue-white full T shirt getting beaten by around a dozen policemen who have surrounded him from all around. The student is weeping and is praying to be left but the policemen go on beating him mercilessly. At the same time another student in white shirt and blue sweater is beaten to the ground and beaten mercilessly. This is followed by a student in white shirt being taken by two policemen who says that he has got wounds but the policemen say that it is fine. The video ends with a media-person by the name of Vaibhav having got hurt.
\tThat the second video is at youtube at link https:\/\/www.youtube.com\/watch?v=P3M54ZvRrQ8 which is of 1.36 minutes.
\tThis video begins with the SSP briefing his large contingency of men standing before him-“Sab ke paas helmet hai, sab ke paas shield hai, chot lagne ki sambhavna bahut kam hai, ek baar aaur in logon ki kamar todiye, ham sath me hostel ke andar jaayenge” (All of us have helmet and shields, there is least possibility of getting hurt, hence let us all go and once again beat the people mercilessly)
\tThat after the incidence, many FIRs (possibly a total of three) were registered on complaints of police and Sri Solanki’s driver, include charges of rioting, attempt to murder and loot, as well as 7-Criminal Law Amendment Act against 24 medical students and several others as unidentified.
\tThat 24 students were detained by the police and later sent to jail
\tThat after this set of events, the junior doctors felt that the police action has been completely biased.
\tThat they had a clear feeling that they were not only mercilessly beaten in a one-sided police action, even after the incidence they had been made accused in serious charges, which they feel is completely framed up and fabricated
\tThat doctors of the medical college allege that the police raided the hostels at night after the brawl and took several undergraduate students with them. Head of department of Community Medicine Dr R P Sharma was manhandled by the police and detained for the night before being released Saturday, alleged Dr Sanjay Kala, Proctor, GSVM College. They allege that one student sustained pelvic fracture when police threw him from first floor during the raid in the hostels. It is also being alleged that police broke laptops and bikes apart from arbitrarily picking up students. The doctors are saying that at least four to five students sustained fractures and one sustained severe head injury
\tThat this alleged two fold atrocities of the police led to Junior doctors going on strike paralyzing emergency services at GSVM's associate LLR Hospital.
\tThat when the matter came in newspapers, the petitioner also talked with many persons in Kanpur on 02\/03\/2014, including the junior doctors, public men, media person and the police officers.
\tThat she talked with the doctors and public men at their mobile number 084002-27272, 085748-52027, 081759-00563, 098384-99636, 081277-58999 and 088745-88887
\tThat these people were not previously known to the petitioner and they came their own picture of the set of events.
\tThat the prime focus of their talk was as regards the high-handedness of the police on two counts- (a) the barbaric and inhuman beating and lathi charge twice in the night of 28\/02\/2014- first at around 8-9 PM and again at around 2 AM, late in the might where they mercilessly beat the doctors and went beyond all the permissible parameters of law and human rights in their conduct (b) even after these beatings, the police falsely framed the doctors and put very serious charges on them in the shape of serious criminal offences while they did not even register the FIR of the junior doctors
\tThat the petitioner also talked with the DIG range Kanpur at his mobile number 094544-00211 and the IG, Zone Kanpur at his mobile number 094544-00142. They both defended the police action and said that only the minimum required police force was used and not an iota of extra force had been used as being alleged. They said that even many policemen got injured in the process including the CO traffic.
\tThat the petitioner also tried to talk with the SSP Kanpur Nagar at his mobile number 094544-00285 and the DM, Kanpur Nagar at her phone number 0512-2304287 but there was no response from their side
\tThat the petitioner also talked to Sri Vaibhav Shukla, a photographer with Hindustan at Kanpur at his phone number 088967-64250 and with two senior journalists who talked on terms of being anonymous
\tThat the end result of these talks is that there has been police atrocity, there have been blatant violation of Human Rights and there has been partisan action towards the MLA and against the students, who were not only beaten mercilessly, improper and arbitrary cases were also registered against them
\tThat the strike by the junior doctors has meanwhile spread all over the State.
\tThat as per today’s report, strike by junior doctors has hit government health services in Uttar Pradesh badly. Today is the fourth day of the strike. Around 300 doctors from Hallet Hospital in Kanpur have already resigned in protest against the alleged highhandedness of the district administration. Doctors are also getting support from Indian Medical association (IMA) led private doctors across all major cities in the state. This includes cities like Meerut, Moradabad, Bareilly, Kanpur, Lucknow, Allahabad, Varanasi and Gorakhpur. Participation of private medical practitioners and nursing home owners is however mixed. Many pathologies, pharmacies and diagnostic centres have refrained from joining the strike. At King George's Medical university in Lucknow, the agitating junior doctors locked the OPD to protest the alleged atrocities on their counterparts in Kanpur and sat on the dharna at the university gate. The situation was reported to be worse in Gorakhpur, where private doctors on call of IMA local unit also joined the stir and closed down private nursing homes. The medical services remain paralysed in the medical college, Gorkahpur following the protest of junior doctors, who are adamant on their demand.
\tThat yesterday the strike also hit the King George Medical College, Lucknow. As per the report, today even the Sanjay Gandhi Post Graduate Institute (SGPGI), Lucknow services are going to get hit by this strike.
\tThat today the petitioner had talks with Dr Harish from Kanpur, who is now a Professor in the Medical College. He said that not only the junior doctors but also the Professors of the Medical college are staying away from work. He said that even the members of the Provincial Medical Services (PMS) are completely with the strike, against the highhandedness of the police and the completely partisan action.
\tThat the petitioner has been told that there are four demands of the doctors on strike-(a) immediate unconditional release of all the 24 medical students against whom FIRs have been registered and who were arrested by the Kanpur police (b) strictest action against Sri Yashaswi Yadav, SSP Kanpur (c) Immediate FIR against Sri Irfan Solanki, MLA (d) judicial enquiry of the entire episode
\tThat the result of this strike\/abstaining of work is that
\tmedical services continued to be disrupted for the fourth consecutive day with medical college as well as private doctors across the state joining the stir demanding release of 24 junior doctors of GSV Medical College and action against SSP, Kanpur Sri Yashashwi Yadav and Samajwadi Party MLA Sri Irfan Solanki.
\tThat in Lucknow's King George's Medical university, agitating junior doctors locked the OPD to protest the incident and sat on a dharna at the university gate. Taking note of the situation, KGMU authorities have cancelled leave of senior faculty members to ensure treatment to the patients. In Aligarh, junior doctors at the Jawaharlal Nehru Medical college, Aligarh Muslim University (AMU) also went on strike. President of the Resident Doctors Association Sri Mohammad Ahsanullah told reporters the strike would continue till Sri Solanki was arrested. Medical services remained paralysed at Sir Sunderlal Hospital, Banaras Hindu University (BHU) in Varanasi. Government hospitals Ursula and KPM Hospital are open and patients of the medical college are being transferred there for treatment. Senior government officials from Lucknow and Kanpur have met striking doctors asking them to end the boycott but they were adamant on their demands. The IMA Kanpur chief claimed that nearly 2000 private doctors in the city are also not working in support of the strike and all nursing homes and private hospitals too were shut.
\tThat as per Hindustan newspaper, 26 patients including 11 from Lucknow have died because of this strike while 300 patients were returned from Trauma Center of KGMU, Lucknow and most of the operations in KGMU have been delayed\/postponed. It has given names of various patients who died due to this strike. Amar Ujala newspaper says that 37 patients have died across the State due to strike in the last 3 days. Nav Bharat Times says that till now 24 patients have died including 11 on 03\/03\/2014 where list of those dying due to lack of medical service due to strike include those from Lucknow, Barabanki, Kanauj, faizabad, Ambedkar Nagar etc. Times of India gives this figure at 15 while the Hindustan Times says it is 21
\tThat what is worse is that from today, as per the words of the Indian Medical Association, New Delhi then the doctors from all over the country shall join the strike and will stop the medical services
\tThat no further need seems to be there to present the dangers, consequences and impact of these strikes
\tThat the petitioner does not support these strikes by doctors in any manner but she does feel that there is much merit in what the doctors are saying.
\tThat whatever evidence have come so far clearly point towards police highhandedness, police atrocity, blatant human rights violation, inhuman conduct, partisan action. What is even more dangerous and sad is the fact that all this seems to have been done in the presence of the SSP himself, on his clear instigation
\tThat hence there seems to be an immediate need to take action in this case, particularly on certain matters
\tThat as stated in above Para, there are 4 demands of the doctors on strike. Being a law abiding citizen and understanding the process of law, the petitioner would never demand that all cases against doctors framed in FIRs and arrested be removed immediately because that is against law and would set wrong precedence.
\tThat but what can be done and needs to be done immediately is to appoint a Judicial enquiry committee for enquiring into the entire set of events, staring from the first incidence at around 7 PM on 28\/02\/2014 to what6ever has happened till date
\tThat any delay in this regards is going to be extremely detrimental to the Health services in the State
\tThat any delay in this regards would also be against the Human Rights of the doctors
\tThat it is also important that this Judicial Enquiry Committee does not postpone the matter for ever but gives its report in a time bound manner, in a maximum period of one month from the date of notification and no further in any case
\tThat any further action as regards the doctors named in this incidence and the SSP or the police force can be and shall be taken only after the result of the findings of this Judicial enquiry committee
\tThat the other thing that immediately needs to be done is to get an FIR registered on the application of the doctors as well. Since the FIR of the police and from the side of the MLA has been registered, it is logical and legal that the FIR of the doctors also gets registered
\tThat again the matter being of a nature, the petitioner again does not think that there is any need to elaborate upon the issue of whether this matter is a Public Interest Litigation or not because the matter relates with the basic medical services to be provided to the people of this State and also to the people of this entire Nation, in case the matter gets prolonged and there is a strike at the National level. The other aspect of the Human Rights violation is also a matter of larger public interest and cannot be treated less important in any manner.
\tThat thus the matter comes under the purview of denial of right guaranteed under Article 21 of the Constitution of India related with right to life
\tThat thus as explained in the above Para, this matter having no personal interest but definitely having larger number of reasons for being related with larger public interest, constitutes a PIL in the true sense of the word.
\tThat in this regards, the role of this Hon’ble Court becomes extremely important and highly crucial and hence the petitioner being aggrieved by the action of the respondent and having no any other efficacious alternative remedy available with him, is filing this petition on the following amongst other grounds
\tThat the photograph and the Identity proof are being attached with the Petition
\tGROUNDS:<\/p>\n
\tBecause on 28\/02\/2014, a most unfortunate incidence took place in Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur where there were altercation between Sri Ifran Solanki, MLA from Kanpur Nagar and the medical students of this College.
\tBecause this was followed by police action in the Medical college where use of force, FIR against medical students and their arrest took place which is being alleged as being a blatant case of Human rights violation and police atrocity other than being completely partisan and one-sided, a fact being generally confirmed by the facts emerging so far.
\tBecause after this incidence, the doctors from Kanpur and subsequently from the entire State of UP have gone on strike against this incidence.
\tBecause they have certain demands which seem to be quite genuine.
\tBecause the result of this strike is the adverse impact on the medical services of the State and there are reports of deaths of patients from across the State due to this strike, along with all kinds of hardships being faced by the patients.
\tBecause this is a case of clear Human Rights violation and denial of Constitutional rights guaranteed under Article 21 of the Constitution.
\tBecause there is an immediate need for this Hon’ble Court to intervene.
\tBecause this is a matter of larger public interest<\/p>\n
\tPRAYER:
\tWherefore, it is most respectfully prayed that this Hon’ble Court may be pleased to-
\tIssue a writ of mandamus directing the concerned respondents to immediately appoint a Judicial enquiry Commission for enquiry into the entire episode that took place in Kanpur on 28\/02\/2014 in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur and the subsequent set of events following this, and to direct that this Judicial enquiry Commission shall definitely present its report to the State government within a period of one month.
\tIssue a writ of mandamus to direct the concerned respondents to take all appropriate measures in compliance of the report presented by this Judicial enquiry commission.
\tIssue a writ of mandamus directing the concerned respondents to immediately take all possible administrative measures, including organizing a wide-ranging meeting at the highest possible level with the protesting doctors, so as to bring forth their demands, facts, points of dispute and grievances on record which shall be subsequently handed over to the Judicial Commission appointed for enquiry into the entire episode that took place in Kanpur on 28\/02\/2014 in the Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur and subsequently in this matter.
\tIssue a writ of mandamus directing the concerned respondents to immediate take all possible steps to ensure that the strike by the doctors of the Uttar Pradesh Medical services and others, including the junior doctors, ends immediately, in the larger public interest
\tIssue a writ of mandamus directing the concerned respondents to get a First Information Report registered on the application of the medical doctors from Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur as well
\tIssue a writ of mandamus directing the concerned respondents to get all the FIRs registered as regards these incidence in Ganesh Shankar Vidyarthi Medical College (GSVM), Kanpur from the evening of 28\/02\/2014 onwards transferred from the Kanpur police and be handed over for subsequent investigation by any of the specialized investigating agencies of the State of UP that this Hon’ble Court deems fit
\tIssue any other order or direction as this Hon’ble Court may deem fit in the circumstances of the case for the larger public cause being presented here<\/p>\n
\tPlace- Lucknow (Dr Nutan Thakur)
\tDated- 04\/03\/2014 Petitioner in Person
\t # 94155-34525<\/p>\n
\tIn the Hon’ble High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
\tWrit petition No- of 2014 (PIL-Civil)
\tDr Nutan Thakur Petitioner
\tVersus
\tState of UP and others Respondents<\/p>\n
\tAFFIDAVIT
\tI, Dr Nutan Thakur, aged about 40 years, w\/o Sri Amitabh Thakur r\/o 5\/426, Viram Khand, Gomti Nagar, Lucknow, religion Hinduism, education- MA, Phd, profession- Social activism, the deponent, do hereby solemnly affirm and state on oath as under-
\tThat the deponent is the sole petitioner in the above noted petition and as such she is fully conversant with the facts and circumstances of the case, deposed to hereunder
\tThat the contents of the paragraphs 1 to
\t of the Writ petition are true to my personal knowledge,
\tbased on documents and records and believed to be true and
\tare based on legal advice.
\tThat the contents of Annexure No NONE of the Writ Petition are true copies of their original documents.<\/p>\n
\tPlace- Lucknow (Dr Nutan Thakur)
\tDated- 04\/03\/2014 Petitioner in Person
\t # 94155-34525<\/p>\n
\tVERIFICATION
\tI, the deponent above named, do hereby verify that the contents of paragraphs 1 to 3 above this Affidavit are true and correct to my knowledge and belief. No part of it is false and nothing material has been concealed. So, help me God<\/p>\n
\tSigned and verified this the day of 2014 at Lucknow
\tDeponent
\tIdentification
\tI identify the deponent, on the basis of records produced before me, who has signed before me.
\t Advocate<\/p>\n
\tSolemnly affirmed me on at am\/pm by the deponent Nutan Thakur, who has been identified by Sri clerk to Sri , Advocate, high court, Lucknow Bench, Lucknow
\tI have satisfied myself by examining the deponent that she understands the contents of this Affidavit which have been read over and explained to her by me
\tOath Commissioner<\/span><\/p>\n
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