- (1.) HERE we are seized of the Public interest Litigation which has its genesis in the incident that had happened in and around the precincts of Ganesh Shanker Vidyarthi Medical College(hereinafter referred to as GSVM), Kanpur on 28.2.2014 at 7 p.m. involving a local M.L.A. and his supporters/companions and the junior doctors who were embroiled in no holds barred fight. The incident culminated in injuries to the gunner and driver of the M.L.A. who were admitted for treatment. Some of the junior doctors involved in fight were also said to have sustained minor injuries. The origin of dispute seems wrapped up in mystery inasmuch as two different versions of the origin of the incident have come into play; one cited in the F.I.R. lodged by a local 'teawala' who had his stall in front of the gate of the medical college and the other in the F.I.R. lodged by the junior doctors.
(2.) THE first F.I.R. is dated 5.3.2014 registered at 5.30 p.m. at Swarup Nagar, Kanpur under sections 143,147,323,504,506,427 I.P.C. at case crime no.31 of 2014. The author of the F.I.R. is one Rakesh Kumar Gupta. In his written report, he alleged that at the time of occurrence, he was present as he had a tea shop in front of Hellet Hospital. In his application, he has mentioned the incident to the effect that on 28.2.2014, some of the people associated with the M.L.A., namely, Sri Irfan Solanki were purchasing medicines from Royal Surgical Medical Store. Sri Solanki, it is alleged also came at the scene. It is further alleged that in the meanwhile, some junior doctors were noticed grappling with a person. It initially started with verbal altercation and escalated into abuses. Both sides started with pushing each other. Finding the altercation escalating, the police personnel deployed in the security of the M.L.A. intervened. The dispute instead of subsiding escalated between police personnel and the junior doctors. Ultimately, seeing the dispute escalating, Sri Solanki came forward and intervened but the dispute further flared up with more doctors joining their brethren confronting the security personnel and on the other hand, the supporters of M.L.A. regrouped to confront the doctors, who chased the doctors who retreated to the campus of the medical college. In the melee, both sides sustained injuries and vehicles were damaged. It is said that in all 24 junior doctors and 5 faculty members suffered injuries. It is further alleged that the doctors regrouped equipped with staff and brickbats. It is also alleged that at about 7.15 p.m., the police arrived at the scene of occurrence and stopped supporters of the M.L.A. from entering the campus. It is further alleged that the people who had gathered in support of the M.L.A. turned turtle his tea stall and threatened with dire consequences. It is further alleged that in the action,some police personnel also suffered injuries. Some doctors were also injured in the exchange of brickbats.
(3.) THE second F.I.R. is dated 6.3.2014 registered at police station Swarup Nagar at 2 p.m. The author of the said F.I.R. is Himanshu Singh, who claims to be a medical student studying in the medical college. It is alleged in the written report that on 28.2.2014 at 7.00 P.M., he along with his companion was as usual on way back from petrol pump. While they were passing by a standing car on their motor bike, the driver of that car, all of a sudden, opened the door. He and his companions escaped by a hair of skin. They remonstrated with the driver asking him to be careful while opening the door of the car on the right side at which the driver of the car behaved rudely asking them to be careful while passing by a standing car. In the course of exchange of words, the security personnel, who emerged from the car, addressed them using expletives and beckoned them to leave the place. One of the security personnel slapped one of the companion junior doctor and thereafter started beating all of them. In the meanwhile, M.L.A. Sri Solanki was seen coming out of medical store. They all complained to him about manhandling by his security personnel but he turned a deaf ear. It is further alleged that emboldened by the non -challant attitude of the M.L.A., the security personnel started belabouring them with the butt of the fire arms. In the meanwhile, some medical students also joined in the verbal duel. It is further alleged that Sri Solanki caught hold of one of the students and tried to press his neck. When students came in support of beleaguered students, the companions of Sri Solanki tried to abduct one of the students and started firing in the direction of onrushing students. The firing opened by the companions of the M.L.A. deterred the students, who retreated for shelter. Some of the students sustained pellet injuries. In the meanwhile, more people collected at the scene in support of the M.L.A. armed with 'lathis' and assaulted the students. One of the students, who was in their grasp, was badly beaten. It is said that during occurrence of the incident, the police supervened which culminated in the arrest of some of the junior doctors. The news of arrest of junior doctors spread like a wild fire which precipitated domino reaction resulting in State -wide strike in the various government owned hospitals. With strikes spreading to various hospitals, it paralyzed the functioning at the hospitals which had its adverse impact on the general public. The Times of Inida, Dainik Jagran and the Indian Express, Lucknow Editions had published the news item that junior doctors in all the State Medical Colleges, King George's Medical University, Lucknow and Sanjay Gandhi Post Graduate Institute of Medical Sciences, Lucknow have been striking the work in the hospitals associated with medical colleges, paralyzing the entire patient care system to the extent that at least 30 -40 deaths were reported in two days on account of strike.;