Writ Petition No. ./ 2015 (P.I.L.

)
IN THE HIGH COURT OF MADHYA PRADESH,BENCH AT INDORE
Petitioner :

Abhishek S/o Harish Gilke,

Age 21 Yrs, Occupation Student
Residence 496, Usha Nagar, Extension
Indore.
Verses

Respondents

: (1) State of Madhya Pradesh

Through Principal Secretary (Health & FW),
Room No. 241, Mantralaya (Vallabh
Bhawan), Arera Hills, Bhopal-462 004, M.P.
(2) Chief Health Office
District Hospital,
District Badwani (M.P)
(3) State of Madhya Pradesh
Through Collector
District Badwani (M.P)

PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

To
Hon'ble the Chief Justice of Madhya Pradesh and His Lordship's
Companion Justices of the Madhya Pradesh, Bench at Indore
The Humble petition of the Petitioner above named.
1. Particulars of the cause against which the petition is made:
This petition is preferred by petitioner on the basis of the
news item published in Naidunia Indore dated 04/12/2015 that
more than 46 people have lost eyesight because of debilitating
infections from cataract surgeries at a state-sponsored free eye
Continued..2

(2)
camp held between 16-22 November at District Hospital, Badwani
resulting violation of article 21 for which the doctors employed at
the Government hospital and the Health department conducting
the surgery camp are responsible. Hence this petition is in public
interest for the issuance of the appropriate writ to provide
appropriate relief to the victim patients.
2. The antecedents of the Petitioners:
(1) That the, petitioner is vigilant citizen of India pursuing law.
(2) That the, present petition under article 226 of the
Constitution of India is being filed by way of public interest
litigation and the petitioner has no personal interest involve in the
matter. The petition is being filed in the interest of the persons
who have lost their eyesight during the because of debilitating
infections from cataract surgeries at a state-sponsored free eye
camp.
(3) That the, petitioner is filing the present petition on his own
and not at the instance of someone else. The litigation cost,
including the traveling, etc. are being borne by the petitioner
himself.
3. Facts in brief, constituting the cause:
That the, petitioner came to know by the front page of the
leading Newspaper Naidunia Indore dated 04/12/2015 the above
mentioned newspaper is enclosed here with and marked Annexure
P/1 that the surgery camp for the operation of cataract at free of
cost was held by the health department between 16-22 November
at District Hospital, Badvani & other camps were out of 80 more
than 46 people have lost their vision because of debilitating
infections from cataract surgeries. The affected people were
referred to Maharaja Yashwant rao hospital and Arvindo hospital,
Indore when allegations of botched surgery turned into outrage.
Continued..3

(3)
A team of senior doctors has verified and reported that the
infection has caused due to use of infected instruments, saline,
lenses, eye wash. The newspaper Naidunia dated 04/12/2015,
05/12/2015, 07/12/2015 & 08/12/2015 Annexure Marked as P/1,
P/2, P/3 & P/4 enclosed along with the petition. As per Declaration
of Director health & eye specialist Dr. Sharad Pandit affect person
will not get the vision in future.
4. Source of information:
That the, petitioner come to know by the front page of the
leading Newspaper Naidunia Indore and the petitioner has
verified the facts personally by visiting the Maharaja Yashwant rao
hospital and Arvindo hospital.
5. Nature and extent of injury caused
That due to the negligence of the respondent health
department more than 46 persons have lost their vision
permanently and became permanent disabled and will never be
able continue their regular ordinary job and will unable to earn the
livelihood.
6. Issue raised was neither dealt with nor decided:
That Petitioner here by declares that the issue raised was
neither dealt with nor decided by a Court of law at the instance of
the petitioner or to the best of his knowledge, at the instance of
any other person.
7. Grounds:
a.
That the, employed doctors of respondent health
department has not kept the proper remedial precautions
and made gross negligence while operating the patients. Out
of 60 more than 46 are reported to be loss of the eye sight.

Continued..4

(4)
b. That the, grievous injury has been caused to many
persons due to the negligence of the doctors employed by
the respondent.
c.
that the, infection has caused due to use of infected
instruments, saline, lenses & eye wash.
d. That the, Respondent has made the gross negligence to
make the target of 8,000 (8 Thousand) operations complete.
e.

That at the time of hearing appellant may argue other

Points.

8. Details of remedies exhausted:

That the petitioner has filed this writ petition and no other
remedy is available to him.
9. Delay (if any)
That the, Petitioner has filed the petition without delay of
fixed court fees.
10. Relief(s) Prayed for:
a.
That the, affected persons may kindly be treated for
free of cost where ever they are admitted.
b. That the, affected persons who have lost their vision
may kindly be awarded with the compensation of Rs.5 Lakhs
each.
c.
That the affected persons will never be able to do their
regular work and earn their livelihood. Therefore respondent
state may kindly be directed to make rehabilitation centre &
Continued..5

(5)
provide training for the purpose of employment of such
affected persons.
d. That the, committee of expert doctors may kindly be
form under whose vigilance such operation to be carried out.
e.
That the, criminal case may kindly be register against
the doctors, authorities and the supplier of the drugs and
instruments for their gross negligence.
f.

Any other relief which Honble court thinks fit.

12. Interim Order, if prayed for:

a.
That the, affected persons may kindly be treated for
free of cost where ever they are admitted.
b. That the, affected persons may kindly be awarded
with interim relief of Rs.50,000/- each towards no fault
liability.
c.
That the committee of expert surgeons may kindly
formed for the supervision of the operations to be carried
out.
13. Caveat:
That, no notice of lodging a caveat by the opposite party is
received.

Submitted by
Place: Indore
Date:09/12/2015

Abhishek Gilke
(Petitioner in Person)

Writ Petition No. ./ 2015 (P.I.L.)

IN THE HIGH COURT OF MADHYA PRADESH,BENCH AT INDORE
Petitioner :
Respondents

Abhishek S/o Harish Gilke,

Verses
: State of Madhya Pradesh & others.

Index
S.No

Particular of the documents

DATE

Page No.
1

List of Chronological
events.

2.

Petition along with

09/12/15

2-7

3.
4.

affidavit
Annexure P/1
Annexure P/2

04/12/15
05/12/15

8
9

5.

Annexure P/3

07/12/15

10

6.

Annexure P/4

08/12/15

11

7.

Affidavit

12

Submitted by
Place: Indore
Date:09/12/2015

Abhishek Gilke
(Petitioner in Person)

Writ Petition No. ./ 2015 (P.I.L.)

IN THE HIGH COURT OF MADHYA PRADESH,BENCH AT INDORE
Petitioner :

Abhishek S/o Harish Gilke,

Verses

Respondents

: State of Madhya Pradesh & others.

List of chronological events

04/12/15 petitioner came to know by the front page of the
leading Newspaper Naidunia Indorethe above
mentioned newspaper is enclosed here with and
marked Annexure P/1 that the surgery camp for the
operation of cataract at free of cost was held by the
health department between 16-22 November at
District Hospital, Badvani & other camps were out of
80 more than 40 people have lost their vision
because of debilitating infections from cataract
surgeries. The affected people were referred to MYH
and Aurbindo hospital, Indore when allegations of
botched surgery turned into outrage. A team of
senior doctors has to verified and reported that the
infection has caused due to use of infected
instruments, saline, lenses, eye wash.
05/12/15 The Number of persons losing their eyes because of
debilitating infections from cataract surgeries are
constantly increasing.
09/12/15 The petitioner filed the petition.

Submitted by
Place: Indore
Date:09/12/2015

Abhishek Gilke
(Petitioner in Person)

Writ Petition No. ./ 2015 (P.I.L.)

IN THE HIGH COURT OF MADHYA PRADESH,BENCH AT INDORE
Petitioner :
Respondents

Abhishek S/o Harish Gilke,

Verses
: State of Madhya Pradesh & others.
AFFIDAVIT
( In support of Writ Petition )

1.

I, the deponent do hereby state on oath that :-

My name
Son of
Age
Occupation
Residence of

:
:
:
:
:

Abhishek Gilke,
Shri Harish Gilke,
21 Years,
Student,
496, Usha nagar, Ext (M.P.)

2. That, I am the Petitioner in this Writ petition and such I am

well aware of the facts and circumstances of the case and
competent to swear this affidavit. I declared that copy of the
petition has been supplied to the respondents through
Advocate General office indore.
3. That the present petition is being filed by me and contents of
which from paras 1 to end are true to my knowledge and
nothing contained therein is false or misstated.
Place: Indore
Date: 08/12/2015

(Deponent)
VERIFICATION

I, the deponent, state on oath that the contents of this

affidavit from paragraph 1 to paragraph end are true to my
knowledge, nothing contained herein is false and truth has
not been suppressed in it in any manner.
Place: Indore
Date: 08/12/2015
I know the Deponent.

(Deponent)