- (1.) This Public Interest Litigation was registered, suo-motu on the basis of a news item published in "The Times of India" dated 1.5.2010 under the head line "Over 100 villagers lose vision after cataract operation" in an eye surgery camp held at Gunupur hospital organized by a private organization 'Trilochan Netralaya' from Sambalpur with the aid and assistance of the district administration.
(2.) A counter affidavit was filed by the Under Secretary to Government of Orissa, Health & Family Welfare Department indicating that, after receiving the complaints from some of the media personnel regarding loss of vision of some patients in Ukumba village of Ramanaguda block, Dr. M. Suresh Kumar, Senior Ophthalmic Surgeon-cum-District Programme Manager of District Blindness Control Society, Rayagada was sent to the concerned village to examine the patients and to ascertain the facts. It is stated that Dr. M. Suresh Kumar in his report informed that 3 persons out of 13 persons of the village have not been able to see properly after operation, due to pre-existing eye disease like Glucoma, Diabetic Retinopathy and Macular star. Apart from the above, it is stated that an order was passed by the State Government on 29.04.2010, for a joint examination of all operated cases and accordingly, a total number of 164 cases were jointly examined by a team of surgeons till 6.05.2010. After proper examination, the surgeons reported that only 6 cases complained of poor vision after conduct of cataract surgery due to pre-existing eye diseases and rest of the cases were found as free from any complaints.
(3.) Pursuant to the aforesaid counter affidavit filed by the State Government, the Secretary, District Legal Services Authority, KoraputJeypore was directed to record statements of some of the patients whose names have been listed in Annexure-B to the counter affidavit of the State and to find out the correctness of the report published in the news paper. Accordingly, the Secretary, District Legal Services Authority submitted his report to this Court vide letters dated 25.06.2010 & 27.09.2010. On perusal of the said reports it appears that, the Secretary, District Legal Services Authority recorded statements of 26 persons. From among the 26 persons, it was found that, 20 persons have stated that they have benefited from cataract operation and their vision power in the operated eye had improved and they are able to see properly at present. From out of the reset 6 persons, 2 persons namely, Sahadeva Bebarta and Smt. Kadingi Manika did not complain of any loss of vision, rather they stated of improvement in their eye sight after the cataract operation. From the balance 4 persons, only 2 i.e. Nagali Amiamma aged about 70 years of village Ukkumba and Smt. S. Gunamma complained about low vision in their eyes after the operation but none of these patients stated that they had any pre-existing eye diseases except formation of cataract prior to operation.;