- (1.) The facts of this case are indeed distressing. The Lions Club, Pottery Town at Khurja in Uttar Pradesh arranged and conducted, as part of its social service programme, an "Eye Camp" intended to extend facilities of expert Ophthalmic surgical services to the residents of the town. The Club invited Dr. R. M. Sahay of the Sahay Hospital, Jaipur and his team of doctors to offer the surgical services. The Camp was arranged in 'Aggarwal Dharamshala' at Novelty Road, Khurja. Dr. R. M. Sahay and his team of doctors and para-medical staff, who arrived in Khurja on 21st April, 1986, examined about 122 patients. One hundred and eight patients were operated upon, 88 of them for Cataract which, with the modern advances in Ophthalmic Surgery, is considered a relatively minor and low-risk surgery. Dr. Sahay left Khurja that evening for Moradabad where he was scheduled to conduct similar operations at another "Eye Camp." But the whole programme at Khurja, however laudable the intentions with which it might have been launched, proved a disastrous medical misadventure for the patients. The operated eyes of the patients were irreversibly damaged, owing to a postoperative infection of the Intra Ocular Cavities of the operated eyes. The doctors present at the Camp got in touch with Dr. Sahay at Moradabad and administered anti-biotic medication, both oral and local, for the infection. Dr. Sahay returned on the 24th April and undertook himself some ameliorative treatment. But the operated eyes had been damaged completely. Similar mishap, but on lesser scale affecting some 15 patients, repeated itself at Moradabad. Some of the victims were later sent to and treated at Dr. Sahay's Hospital at Jaipur. But their condition did not improve. It is now undisputed that this terrible medical mishap was due to a common contaminating source. The suggestion in the Report of the enquiries that ensued is that, in all probability, the source of the infection, referred to as E coli infection of the intra ocular cavity, was the "normal saline" used on the eyes at the time of surgery. Dr. Sahay who had himself brought all medicines and surgical instruments for use at the Camp claims to have purchased the Saline from a certain M/s. Mehtaad Company, Jaipur on 22-3-1986 under Invoice No. 1533.
(2.) The matter was brought before this Court in the form of a Public Interest Litigation under Art. 32 by two social activists, Shri A. S. Mittal and Shri Om Prakash Tapas, acting on behalf of an organisation called 'Union for Welfare and Human Rights'. Originally, the four re-spondents were the State of U.P., Dr. R. M. Sahay, the Chief Medical Officer, Buland Sahar District (U.P.) and the Lions Club of Pottery Town, Khurja. However, this Court by its order dated 26-9-1986 directed the Indian Medical Council and the Union of India to be impleaded as parties to the proceedings. All the respondents have filed their respective counter-affidavits. In the writ petition, the petitioners have made serious allegations about the very bona fides of, and the intention behind, the sponsoring of the ill-fated 'eye camp' and have alleged that (sic) motives of monetary gains by way of State and International subsidies. But no material is placed before the Court to substantiate this allegation. The prayers in the writ petition are that : the victims of this medical mishap be given expert rehabilitatory treatment and ap-propriate compensation; that Government do conduct a thorough investigation as to the conditions which rendered a medical misadventure of such a scale possible and evolve proper guidelines which will prevent recurrence of such tragedies; and that appropriate legal action be instituted against Dr. R. N. Sahay and his team and also against officers of the Government who, according to allegations, committed serious breaches of duty in sanctioning permission for the conduct of the 'eye camp' without ensuring a strict compliance with the conditions prescribed in the guidelines prescribed by the Government in that behalf and in not effectively discharging the duties enjoined upon them to oversee the satisfactory and safe functioning of the camp.
(3.) At the directions of the Government of Uttar Pradesh. the Deputy Director (Eye Treatment) conducted an inquiry into the happenings and his report and recommendations submitted to the Government are produced in the proceedings. Similarly, the inquiry report dated 8-6-1986 conducted by Shri Shatrughan Singh, Sub-Divisional Magistrate, Khurja as to the incident are also before the Court. We have perused these reports and the counter-affidavits and heard learned counsel.;