RAKESH CHANDRA NARAYAN Vs. STATE OF BIHAR
LAWS(SC)-1988-9-62
SUPREME COURT OF INDIA (FROM: PATNA)
Decided on September 27,1988

RAKESH CHANDRA NARAYAN Appellant
VERSUS
STATE OF BIHAR Respondents

JUDGEMENT

RANGANATH MISRA - (1.) A letter addressed to the learned Chief Justice of this Court from two citizens of Patna in regard to the Mental Hospital at Kanke near Ranchi in Bihar State was considered as a public interest litigation and registered as an application under Article 32 of the Constitution. On 7-4-1986, this Court called upon the State of Bihar to file its counter-affidavit and the Chief Judicial Magistrate of Ranchi or any other Judicial Magistrate nominated by him to visit the hospital and submit a report about the conditions prevailing in the Hospital.
(2.) THE Chief Judicial Magistrate visited the hospital on 8-6-1986, and on several other occasions thereafter and submitted a detailed report on 15th of July, 1986. He found that there were 1580 beds. THE Hospital was in the sole management of the Health Department of the State of Bihar. THE State received financial contributions from West Bengal and Orissa. THEre is a Managing Committee of the Hospital consisting of 14 members in all with the Commissioner of South Chotanagpur Division as its Chairman. THE sanctioned strength of medical officers was 16 but only 9 had been filled-up and there were 7 vacancies. In the Hospital the male patients wing had 10 blocks in all, apart from the Isolation Ward, the Medical Ward and the Infirmary Ward. THEse are in 10 double storied blocks and three single storied wards in charge of separate doctors. THE female patients' unit consisted of two double storied and two single storied blocks. Each block had the capacity of 120 patients. Some of the patients had to pay for their treatment while the treatment to the general category was intended to be free. All the three residential quarters within the complex meant for the medical officers were occupied by others, one by the suspended Superintendent, the other by the retired Superintendent and the third one was by the Acting Superintendent. Three doctors were residing in the quarters meant for non-gazetted officers and the remaining doctors were staying in private houses at Ranchi about 11 kilometers away. The Chief Judicial Magistrate found that there was acute shortage of water in the Hospital. There was only one tubewell within the campus located in the male block. There were five ordinary wells but there was no motor pump installed in any one of them. These wells were the only source of supply of water. Several representations had been made to the State Government for supplying-water. on permanent basis to the Hospital but there was no response from the Government. The Chief Judicial Magistrate was surprised that none of the toilets within the hospital complex was in order The sanitary, fittings were not operating having got choked The patients were, therefore, forced to ease themselves in the adjacent open field. Consequently the environment had become polluted and unhygienic. Though there were fan points and even electric fans were hanging from the roof in some places, no fan excepting the one in the chamber of the Superintendent was in working condition. He also found that though there were electric connections with bulbs and tubes yet light was not available and, therefore, total darkness prevailed in the campus between dusk and dawn. The Superintendent explained to the Chief Judicial Magistrate that the Hospital had no electrician and the Institution had to depend upon the mercy of the State Electricity Board and despite correspondence there was no response.
(3.) HE found that old iron cots had been provided in the year 1925 and only 300 more had been added by purchase. The total number of patients were 1580. Most of the iron cots having been broken were out of use and, therefore, only 300 beds were actually available. None of the wards had doors and windows in working condition. The Superintendent pointed to him that he had made repeated requests to the Public Works Department of the State Government but no letter had even been acknowledged. In the absence of device to close the doors and windows there had been occasions when mentally ill patients had jumped through the windows or had run out from the rooms. To meet such situations, the broken cots were mostly used to block the passages.;


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