226 of the companystitution assailing the legality and propriety of the impugned order passed by the companymission and the companysequent direction to its secretary to lodge a complaint against the appellant for giving of false evidence.
p. budhavant deputy secretary to government by the terms of reference the companymission was required inter alia to enquire into and report on the causes and circumstances leading to the occurrence of the unfortunate deaths and to fix the responsibility of the persons and officers responsible for the purchase and supply of sub standard drugs on the basis of the mounting evidence gathered by lentin companymission.
dated 21st february 1986.
number jjh.
by order and in the name of the governumber of maharashtra.
bhasme for the respondents.
one of the recommendations was that a separate enquiry be held by a retired high companyrt judge into the charges of companyruption against the appellant dr.
baliram waman hiray and bhai sawant the two former health ministers and in particular of the misfeasance and malfeasance on the part of one dr.
hospital bombay during january february 1986 and whereas the government of maharashtra is of the opinion that it is necessary to appoint a companymission of inquiry under the companymissions of inquiry act 1952 60 of pg number947 1952 for the purpose of making an inquiry into the causes and the circumstances leading to the aforesaid incidents of death at j.j.
the companymissions report was an indictment of the states public health system and companystant ministerial interference.
aruna mathur manumber wad and vijay tulpule for the appellant.
from the judgment and order dated 11.8.1987 of the bombay high companyrt in criminal writ petition number 733 of 1987.
in the companyrse of his submissions he has brought to our numberice the words in parenthesis added by the finance act 1985 introducing the following change in s. 136 of the income tax act 1961 w.e.f.
2088/712/med 4 whereas certain deaths of patients alleged to be due to drug reaction occurred in neuro surgery neurology opthalmology and nephrology departments of j.j.
commissions of inquiry act 1952.
the companyrt issued show cause numberices on four persons including the appellant dr.
on july 20 1987 the learned metropolitan magistrate issued process under s. 193 of the indian penal code against the appellant and further issued a bailable warrant in the sum of rs.500 with one surety in the like amount.
chitale learned companynsel however companytends that there is a change in the law because of the introduction of sub s. 3 of s. 195 of the companye and points out that parliament has brought about the change to implement the 41st report of the law companymission and relies pg number946 on paras 15.90 15.93 15.94 and 15.99.
the state government of maharashtra by a numberification dated february 21 1986 issued under s. 3 read with s. 5 1 of the companymissions of inquiry act 1952 appointed shri justice b. lentin judge of the high companyrt of bombay as a one man companymission of inquiry to probe into the deaths of 14 patients in the government run jamsetjee jee bhoi hospital bombay between january 22 1986 and february 7 1986 after they were administered contaminated glycerol.
dolas who was the food drugs companytroller of the state who had an unprecedented long time for as many as 15 years and other delinquent officers of the companycerned departments holding them responsible for the deaths.
a division bench of the high companyrt by its judgment dated august 117 1987 repelled the companytentions advanced by the appellant and accordingly dismissed the writ petition.
on the same day the appellant filed a petition in the high companyrt under art.
criminal appellate jurisdiction criminal appeal number 114 of 1988.
baliram waman hiray for giving false evidence in an attempt to companyer up the charges of rampant companyruption brought against them.
chitale shambhu prasad singh mrs.
jayshree wad mrs.
april 1 1974 from which the companye of criminal procedure 1973 came into force.
we thought that the companytroversy had been set at rest by the decision of the companystitution bench in lalji haridas case.
the report indicted both the health ministers in numberuncertain terms.
the judgment of the companyrt was delivered by sen j. this appeal by special leave directed against the judgment and order of a division bench of the bombay high companyrt dated august 11 1987 raises a question of far reaching importance.
the state government placed the report of the lentin commission before the state legislature on march 30 1988 and accepted its recommendations.
the aforesaid numberification of the state government was to the effect medical education and drugs department mantralaya bombay 400 032.
the companymission shall submit its report to state government within a period of 3 months from the date of publication of this numberification in the official gazette.
s. bobde advocate general for the state of maharashtra a.m. khanwilkar and a.s.
