This Public Interest Litigation was disposed of after the Secretary of the Health Department stated that the Ministry took a decision to authorize Medical Officers of the Mira-Bhayander Municipal Corporation to perform autopsies, pending concurrence by another department.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
pil.114-2014
Dond
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO.114 OF 2014
Shri Milan V. Mhatre
..Petitioner.
Vs.
The Commissioner, Mira Bhayander Municipal Corporation & Ors. ..Respondents.
Mr. Makarand P. Panchakshari for Petitioner. Mr. N.R. Bubna for Respondent Nos.1 & 2. Mr. A.B. Vagyani, GP with Mr. P.G. Sawant, AGP for Respondent Nos.3 to 8.
CORAM: NARESH H. PATIL &
A.S. GADKARI, JJ.
DATE : 5th February 2015. P.C.
1 The learned Government Pleader submits that consequent to
the order passed by this Court earlier, a decision has been taken by the
Ministry of Health Department, State of Maharashtra authorising the Medical Officers attached to the Mira-Bhayander Municipal Corporation to perform autopsy/postmortem. He submits that the said decision has to be
concurred by the Ministry of Home and Urban Development Department.
It is submitted that necessary steps are being taken in that direction and
2
pil.114-2014
within two-to-three weeks the State will issue appropriate instructions authorising the Medical Officers attached to the Mira-Bhayander Municipal Corporation and the Medical Officers attached to various Corporation Hospitals in the State of Maharashtra authorising them to perform postmortem.
2 The learned Counsel appearing for the Mira-Bhayander Municipal Corporation submits that a proposal has been submitted to the Urban Development Department of the State seeking authorization for four posts and the same is lying before the State Government for approval. The State Government would consider the said proposal.
3 The Secretary of Health Department is personally present in the Court. In view of the statement made by the learned Government Pleader, the Writ Petition is disposed of.
(A.S. GADKARI, J.) (NARESH H. PATIL, J.)
Milan V. Mhatre
Commissioner, Mira Bhayander Municipal Corporation
NARESH H. PATIL
A.S. GADKARI
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
