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National Green Tribunal

Ankur Sharma vs State Of West Bengal Through The Chief ... on 9 August, 2023

Item No.02                                                    Court No.1


         BEFORE THE NATIONAL GREEN TRIBUNAL
            EASTERN ZONE BENCH, KOLKATA
             (THROUGH PHYSICAL HEARING WITH HYBRID MODE)


              ORIGINAL APPLICATION NO.49/2023/EZ

IN THE MATTER OF:

  Ankur Sharma,
  S/o Shri Ambooj Sharma,
  R/o 13/3, Dr. P.K. Banerjee Road,
  P.O., P.S. & District-Howra, W.B.
  Pin - 711101,
                                                             ...Applicant(s)

                              Versus

1. State of West Bengal.
   Represented by Chief Secretary,
   Government of West Bengal,
   Nabanna (13th Floor), 325,
   Sarat Chatterjee Road, Shibpur,
   Howrah - 711102,

2. The Central Pollution Control Board,
   Represented by Member Secretary,
   Parivesh Bhawan East Arjun Nagar,
   Delhi - 110032,                  ...(Deleted vide order dtd. 04.05.2023)

3. The Principal Secretary,
   Department of Environment,
   Government of West Bengal,
   Pranisampad Bhawan, Block (5th Floor),
   LB-II, Salt Lake, Sector-III, Bidhannagar,
   Kolkata - 700106,

4. West Bengal Pollution Control Board,
   Represented by Member Secretary,
   Paribesh Bhavan, 10, Block-L.A.,
   Sector-III, Salt Lake City,
   Kolkata - 700106,

5. Department of Urban Development and Municipal Affairs,
   Government of West Bengal,
   Through its Principal Secretary,
   Nagarayan Bhavan, Block-DF-8,
   Sector-I, Salt Lake City, 6, 2nd Avenue,
   DF Block, Sector 1, Kolkata,
   Pin - 700064,                      ...(Deleted vide order dtd. 04.05.2023)

6. The District Magistrate, Howrah,
   6, Rishi Bankim Chandra Road,
   Howrah - 711101,

                                 1
  7. Howrah Municipal Corporation,
    Through its Commissioner,
    4, M.G. Road, Howrah,'
    Pin - 711101,                 ...(Deleted vide order dtd. 04.05.2023)

 8. The Commissioner of Police,
    Howrah City Police,
    28, Nityadhan Mukherjee Road,
    Howrah - 711101,

 9. The Chief Medical Officer of Health,
    District & Family Welfare Samiti,
    11, Biplabi Haren Ghosh Sarani,
    Howrah - 711101,

10. The Deputy Commissioner of Police (Headquarter),
    Howrah City Police,
    28, Nityadhan Mukherjee Road,
    Howrah - 711101,              ...(Deleted vide order dtd. 04.05.2023)

11. The Superintendent,
    Howrah District Hospital,
    11, Biplabi Haren Ghosh Sarani,
    Howrah - 711101,
                                                             ...Respondent(s)


Date of hearing: 09.08.2023

CORAM:      HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
            HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER

For Applicant(s)   : Mr. Ankur Sharma, in person, (in Virtual Mode)

For Respondent(s) : Mr. Sibojyoti Chakraborty, Adv. for R-1,3,6,8,9&11,
                    Mr. Dipanjan Ghosh, Adv. for R-4, (in Virtual Mode)

                               ORDER

1. We have heard Mr. Ankur Sharma, Applicant in person, appearing (in Virtual Mode) as well as Mr. Sibojyoti Chakraborty learned Counsel appearing for State Respondents, Government of West Bengal and Mr. Dipanjan Ghosh, learned Counsel appearing (in Virtual Mode) for Respondent No.4, West Bengal Pollution Control Board.

2. The allegation of the Applicant in the present Original Application is that the Howrah Police Morgue located at Dr. P. K. Banerjee Road, 2 District Howrah, has a holding and storing capacity of 40 dead bodies but at any given time more than 80 dead bodies are stored in the said Morgue.

3. It is also alleged that the air conditioners and freezing units of the said Morgue are in defunct condition leading to decomposition and deterioration of the bodies resulting in emission of unbearable foul smell not only in the Morgue area but also in the area outside and surrounding the Morgue.

4. It is also alleged that the Morgue in question is located in a densely populated area without adequate infrastructure which is not in the best interests of the residents of the area and should be re-located elsewhere.

5. It is further alleged that the dead bodies are carried on trolley rickshaws in the open. Photographic evidence has been placed at page no.31 of the paper book, in support of the allegation made.

6. From the record, we also find that letters have been addressed by the West Bengal Pollution Control Board to the Commissioner of Police, Howrah City Police Commissionerate, Chief Medical Officer, Howrah and Commissioner, Howrah Municipal Corporation on 07.06.2022. There is another letter written by the District Magistrate/District Collector, Sadar, Howrah dated 07.06.2022 addressed to the Sub-Divisional Officer, Sadar, Howrah.

7. At the time of admission, the Tribunal constituted a four Member Committee comprising of:-

(i) Senior Scientist, West Bengal Pollution Control Board,
(ii) District Magistrate, Howrah, or his representative not below the rank of Additional District Magistrate, 3
(iii) Chief Medical Officer (CMO), Howrah, or his representative not below the rank of ADMO, and
(iv) Superintendent, Howrah District Hospital,

8. The Committee was directed to visit the site in question and cause inspection to be made with regard to the allegations made in the Original Application and submit its report. The District Magistrate, Howrah, was directed to be the Nodal Office for all logistic purposes and for filing the Inspection Report of the Committee on affidavit.

9. Affidavit dated 24.07.2023 has been filed on behalf of the Respondent No.6, District Magistrate, Howrah, stating therein that a Howrah Morgue Managing Committee has been formed comprising of the following Members:-

i) A representative from the Howrah Police Commissionerate,
ii) Chief Medical Officer of Health (CMOH) and Howrah Municipal Corporation (HMC),
iii) Sub-Divisional Officer (SDO) (Sadar) Howrah,
iv) Dy. Superintendent, Howrah Hospital,
v) Assistant Engineer PWD (Construction), Howrah,
vi) Assistant Engineer PWD (Electrical),
vii) Officer-in-Charge Health, Howrah,
viii) Morgue-in-Charge and representative of GRP and RPF,

10. It is stated that the above Committee was formed to monitor the regular operation and functioning of the Morgue for adherence with Standard Operating Procedure ('SOP' for short), especially ensuring maintenance of cleanliness, timely disposal of unclaimed dead bodies, liaison with the stakeholders and to submit a report to the District Magistrate in this regard.

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11. It is further stated that on 26.05.2023 the Morgue in question was visited by the Inspection Committee constituted by the Tribunal.

Copy of the Inspection Report has been filed as Annexure-R-2 to the affidavit which reads as under:-

"Inspection Report of Howrah Police Morgue as per the Hon'ble NGT in OA No. 49/2023/EZ held on 26.05.2022 at
11. AM ..................xxx.................xxx...................xxx............................
The observation of the inspection committee is stated as follows:
1. The morgue was separated with high boundary wall and nothing can be viewed from outside. The outside of the Howrah Police Morgue was clean. The drainage system was also in good condition and clean.
2. The caretaker of the police morgue maintained movement register for in and out of the dead bodies.
3. The inside of the morgue was clean and there were seven dead bodies in the morgue on the day of visit.
4. There was cooling facility for forty dead bodies and the cooling system was in normal condition maintaining temperature of 6 degrees centigrade. The Executive Engineer PWD (Electrical) inspected with his team and reported that the cooling temperature should stand between 4-8 degree centigrade.
5. The ventilation and lighting of the morgue was proper.
6. Smell was found inside the morgue as there were seven bodies still present. Asst. Environment Engineer, WBPCB also reported the same.

The inspection committee suggested the following suggestion for betterment and smooth running of the Morgue;

1. The Executive Engineer PWD (Construction) will paint the Howrah Police Morgue within one month.

2. The Executive Engineer PWD (Construction) will make sitting arrangement for the kin and relative of the deceased outside the gate of the Morgue and Dy. Commissioner, HMC will provide drinking water facility.

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3. The Police authority will ensure the identification of the dead bodies within seven days positively and all the unclaimed dead bodies should be disposed after seven days.

4. The Police authority will ensure safe and secure transportation of dead bodies. Hearse van to be used for carrying dead bodies.

5. The caretaker will note down the cooling temperature of the cooling system twice everyday preferably at 8 AM to 8 PM and if any discrepancy found he should inform Superintendent District Hospital who will further communicate to the Executive Engineer PWD (Electrical). The Superintendent District Hospital will inform the concerned authority whenever the number of dead bodies become more than 15 which have been kept in morgue for more than seven days.

6. Howrah Morgue Managing Committee formed by the District Magistrate, Howrah, comprising of the representative from the Howrah Police Commissionerate, CMOH and HMC, SDO (Sadar) Howrah, Dy. Superintendent, Howrah Hospital, Asst. Engineer Howrah, Morgue in-Charge representative of GRP and RPF should monitor the regular operation and functioning of Police Morgue for adherence with the SOP especially ensuring maintenance of cleanliness, timely disposal of unclaimed dead bodies, liaison with the stakeholders and submit report to the District Magistrate.

7. The Morgue in-Charge will maintain movement register regularly as it has been done and ensure timely disposal of the dead bodies.

8. Morgue infrastructure committee comprising of Asst. Eng. PWD (Construction), Asst. Eng. PWD (Electrical) and representative from HMC will visit the morgue every fortnight and take corrective measures if any.

9. The unclaimed dead bodies present at the morgue to be disposed at 15 days interval maintaining dignity of the dead bodies under the supervision of Howrah Morgue Managing Committee."

12. The District Magistrate, Howrah, has filed further affidavit dated 07.08.2023, bringing on record the Standard Operating Procedure (SOP) for Post Mortem Examination prepared by the Department of 6 Health and Family Welfare, Government of West Bengal, copy of which has been filed as Annexure-R-2 to the affidavit, and which reads as under:-

"STANDARD OPERATIVE PROCEDURE FOR POST MORTEM EXAMINATION CHAPTER-I Prerequisites for Post Mortem Examination
1) Medico-legal post-mortem shall be conducted only in an authorized Hospital, where authorized means Authorised by Govt. of West Bengal.
2) Post-mortem examination can only be undertaken when there is a written requisition from authorized Police Officer requesting for autopsy examination. Magistrate (executive/judicial) order is required to be enclosed in special cases. all of the inquests should preferably be submitted in computerized format.
3) Requisition for Medico-legal autopsy must be addressed t the Head of the department of Forensic Medicine for Medical Colleges or Superintendent of any other hospitals. In referred cases, requisition must be addressed to the Principal for Medical Colleges or Superintendent of any other hospitals.

(vide Govt. of West Bengal order no. HAD/12M-25- 06/A/6631 dated 30/10/2006)

4) Any Registered Medical Practitioner (with permanent Registration Numbers from medical Council state/India) in Government Service or under the authority of any Hospital authorized by the Government can conduct medico-legal autopsy. Post graduate students irrespective of service or non service is here by authorized to conduct autopsy definitely under supervision of faculty and write the report with counter signature by the faculty member under whose supervision the same is done. Any referred case of medico- legal autopsy must be done only by faculties.

5) Dead bodies requiring post-mortem Examination must be transferred to Hospital Morgue by Police/police authorized person of a police station in the jurisdiction of that centre/Hospital as authorized by the Home department, with 7 entry of their signature, date and time in the dead body register present at the Morgue.

6) Authorized Police officer sending requisition requesting Post Mortem examination preferably submit all relevant papers, documents and photographs etc as mentioned under

i) Death report.

   ii)    Treatment record, O.T note BHT
   iii)   Inquiry Report
   iv)    Inquest
   v)     Body disposal after Post Mortem.
          -   Whenever asked for

In all police cases or cases where death occurred in a hospital after treatment and the body is sent from the hospital for autopsy, it shall accompany death report with provisional diagnosis, treatment summary, operation note, nature of anesthesia etc. or photocopy of BHT with records. All these documents may be uploaded in the specified web portal for viewing of the concerned doctor and police personnel only and not to the general public.

7) Identification of the dead body is to be done by police personnel entrusted with the task of brining the dead bodies for post-mortem examination.

8) The inquest officer (whether police or magistrate) as the case may be shall be responsible for removal of doubt or confusion of the report prepared by him at the time of autopsy if required.

9) Video recording of the autopsy will be conducted in cases of custodial deaths and where a direction to that effect has been given by a magistrate or court. Video recording of autopsy is to be arranged by investigating officer of the respective case. Autopsy of all deaths in police custody should be conducted under videography. But video recording of the autopsies of death in jails is to be conducted only if-

i) Where the preliminary inquest by the Magistrate has raised suspicion of some foul play or

ii) Where any complaint alleging foul play has been made to the concerned authorities or there is any suspicion of foul play.

(vide NHRC D.O. no.3/2/99-PRP&P dated 21/12/2001) All autopsies of Custodial deaths cases are to be conducted by a board of three doctors; all holding a post graduate 8 degree in Forensic Medicine or Forensic Medicine and Toxicology and having at least an experience of 5 years in the speciality of post mortem examination. (vide NHRC Order No.237/11/6/2017-JCD/FC dated 24.05.2019).

For all other cases the first respondents for holding post mortem examination will be the consultants professor/Associate Professor/Asst. Professor) of the Dept. of Forensic Medicine and all other faculty members will be the second respondents for the medical college.

10) Videography should be recorded only in a non-writable CD. Packing should be made by IO under direct supervision of autopsy surgeon or as per NHRC guidelines in Custodial Deaths. (Vide Govt. of West Bengal Memo no. J- 13011/77/2013/JM/241(12) dated 02/07/2015)"

11) All alleged Medical negligence cases where PM is requires should be done by forming a board.
12) As of now all autopsy works were to be completed between 12 pm to 4 pm (Vide Govt. of West Bengal order no.

HPT/2BP-1-95/2(150) dated 01/08/1995); however in view of the increasing load of post mortems and for better public service, the time is extended from 9 am to 4 pm. The autopsy surgeon will ensure the completion of all cases even if it is beyond 4 pm. The time for receipt of the requisition for post mortem is fixed up to 3 pm every day. Beyond which, the request should come from respective DC or SP to be endorsed by the Principal or Superintendent of the Hospital.

13) For speedy autopsy practice and disposal of dead bodies and to reduce public harassment the inquest report and the Body handover paper should preferably be send to the Office of the HOD, Forensic medicine and Toxicology or Superintendent of the Hospital by electronic means. The identification constable should reach the Autopsy Block well before the start of the autopsy.

14) The exact date and time of receipt of the body at the mortuary should always be noted so also the receipt of the inquest paper from the investigating authority.

15) After autopsy the dead body will be handed over to the identifying police personnel. Identifying police personnel will hand over the dead body to the person as directed to the disposal order.

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16) All known dead bodies in the mortuary shall be disposed off within 72 hrs. from the time of completion of autopsy. Police station sending the dead body shall be responsible for proper disposal within time without delay. In extraordinary situation if it is delayed for more than 24 hours up to a maximum of 7 days, a request must come from higher authority (in the rank of S.P. of Police and above) with valid reason for occupying mortuary space in the cool chamber for longer time.

17) All Unclaimed dead bodies should be disposed off beyond 7 days except for any directive from the court after sample for DNA profiting being preserved.

18) Medico legal autopsy required in cases of deaths where Cadaveric Organ Donation has been made (expect cornea) in the Private Hospitals, the post mortem can be conducted in the operation theatre or adjacent room where the operation has been carried out, at the earliest.

The police authority should made necessary arrangements for the logistic support to the Autopsy Surgeon and his assistants.

The normal procedure of sending the body for autopsy to the nearest government hospital can also be practiced.

CHAPTER-II Proper Infrastructure For A Medicolegal Autopsy Centre

19) The dissection room should be well ventilated with effective exhaust system, with adequate water supply, good drainage system and preferably with air-conditioning facilties.

20) Cooling Chambers is essential in all mortuaries for preservation of body before autopsy and after autopsy for dead bodies till disposal. There must be at-least 12 cooling chambers in each medical college and authorized Hospitals for autopsy in district level with Proper maintenance & care of cooling-chambers.

21) Standard dissection table (6 feet x 3 feet) made of stainless steel with proper irrigation and drainage system, height adjustable will be provided. Minimum two such sets are required for every mortuary.

22) Proper illumination of entire dissection room will be made with the help of LED light. Proper top light (shadow-less) 10 necessarily by LED top light for minute details will be provided.

23) Advanced instruments like electric saw and long handle knife (5 inches handle with 5 inches blade, single edged) is required to be supplied and maintained.

24) Body and viscera weighing machine are required to be supplied.

25) A high resolution digital camera is required for documentation for academic and legal purpose;.

26) To use the facilities for portable x-ray from hospital side for autopsy purpose is required in each institute (necessary order should be passed in this regard). Decision of doing X- ray is to be taken by autopsy surgeon only.

27) For Civil & Electrical work, PWD personnel are to be arranged in morgue. The responsibility of infrastructural development is to be provided by the Home police department primarily GO NO. Secy/H&FW/2015 (84) date 20TH July 2015.

28) Surveillance for proper maintenance of mortuary is to be done on yearly basis with periodic meeting between the Forensic specialists and police personal. Home police department should ensure the security of all hospital morgues.

"CHAPTER - III During Autopsy Examination:
29) Standard technique for performing post-mortem should be followed in all the mortuaries. Standard procedure for opening the skull by coronal incision should also be followed.
30) Viscera preservation should be continued as per urrent regulation but measures should be taken so that they can be replaced by samples of blood (10 ml), urine (10 ml) and vitreous (2 ml) with proper preservatives for poison detection.

Containers (10 ml glass vials for blood and urine with appropriate preservatives, plain 5 ml glass vial for vitreous, 10 ml syringes, 26 gz needles) for proper storage of blood, urine and vitreous humour, and other necessary samples.

31) Tissue sample should be freeze dried with the help of freezer or preserved in 10% formal saline for histo-pathological and 11 other tests to be carried out in the department of Pathology of the institution/hospital/referral hospital.

32) After post mortem the stitching of the dead body should be duly done by a non-absorbable suture, properly washed and handed over in a clean synthetic body-bag.

33) Proper management and disposal of bio-medical waste should be made mandatory as per the hospital norms.

34) Periodical health check-up and vaccination of each and every mortuary employee.

35) Proper uniform of the mortuary attendant and dress for the autopsy surgeons should be supplied with regular washing by the hospital authority. HIV protection kit should be made mandatory for high risk cases.

36) Department of Forensic Medicine of all the Medical Colleges should be encouraged to have an analytical toxicology and serology unit.

CHAPTER - IV P.M. Report Writing

37) It is mandatory to write the autopsy report only in the format as per W.B. form no. 5372 or B.P. form No.50. Ideally or form published by NHRC. All PM reports should preferably be written in printed format, to avoid issues of illegibility/reproducibility and others in compare to hand written reports. Logistic support is to be provided by the Police Authorities. (Vide Govt. of West Bengal order no. ME/RGKC-1512/M/122/1(3) dated 28/01/2013)

38) Taking due consideration of the findings on examination both external and internal, and other investigations or examination as required, opinion as to the cause and nature of death is to be given. The opinion need to be clear & precise and to the point, based on scientific and objective analysis of the data, as noted and where ambiguity is to be avoided. The final opinion may be kept reserved for the time being pending receipt of result of chemical analysis of preserved samples and other investigations, but the preliminary opinion as to cause and nature of death may be given if possible, after the p.m. examination to help in on- going of medico-legal investigation. At times the PM report may be the first information report as to the unnatural cause 12 of death. After receipt of the chemical examiners report the concerned autopsy surgeon shall issue the final opinion at the earliest preferably within 3 days.

39) The autopsy surgeon is to put down his legible signature, name, designation and date below the opinion given.

40) Opinion as to the cause of death should be written under the column of "OPINION OF THE MEDICAL OFFICER AS TO THE CAUSE OF DEATH" in the W.B. form no.5372, where the designation of Assistant surgeon may be replaced by Autopsy surgeon, Concurring or forwarding of autopsy report is hereby abolished. Cause of death is to be given by using MCCD / ICD-10 guidelines.

41) In alleged medical negligence cases, autopsy surgeon may seek help from other medical personnel after permission granted by the Principal of Medical Colleges or Superintendent of any other hospitals.

42) Every mortuary should be provided with at-least one computer with printer and scanner and a Xerox machine by the department of Home. The process of Post Mortem registry should be digitalized and is to be done by the office staff of the Morgue.

CHAPTER - V P.M. Report Delivery

43) 3 copies of each PM reports are to be prepared, of which the original copy is the "court copy" - which will be handed over to the Investigating Officer of the case or any police personnel of the said police station, authorized by him in writing. The police personnel are required to sign a register maintained by the morgue officials during receipt of the report & other material evidences.

44) Any preserved samples, will be handed over to the investigating police officer, after proper seal and label on the same day of PM examination. The police will have to sign a sample register during accepting these and subsequently he will submit those samples to the forensic science laboratory for r=necessary examination. A proper chain of custody should be maintained. Samples should not be preserved more than 1 month in the mortuary. After 1 month period, the concerned police should take the responsibility of preserved 13 viscera; otherwise it will be disposed off. Previously the time period was set up to 6 months (Vide Govt. of West Bengal order no. HAD/1008(200) dated 08/09/1986)

45) After completion of Post Mortem report writing the autopsy surgeon should ensure to complete the report preferably within three days of the autopsy conduction and to hand over the same to the IO. In the event of unnecessary delay in preparing the report the head of the office shall treat the latches of the incumbent as gross dereliction of duty and take appropriate departmental action.

CHAPTER - VI MEDICO LEGAL EXAMINATION OF SUSPECTED ACCUSED PERSON

1. Following criminal law amendment act 2013, sexual intercourse is not an essential criteria to commit the offence defined under sec 375 IPC & POCSO Act. It should be kept in mind that insertion of any object or any part of the body to any extent is rate or penetrative sexual assault as defined in CLAA 2013 & in POCSO Act. So it can be said that even an impotent person can commit the offences punishable under the provision of the Acts.

2. Therefore we recommend that determination of potency for the suspected accused in all alleged sexual assault cases may not be essential as per the amended 3275 IPC & POCSO Acts are concerned.

3. Opinion following medico legal examination of suspected accused person should be based on:

i. For detection of any injury with relevant explanation like what type of injury, duration of that injury, probable manner of production etc. ii. Any evidence of sexually transmitted infection iii. Necessary sample collection with citing proper reasons for the collected samples (i.e. why did the doctor collect the specimen)"
13. The Applicant has filed rejoinder affidavit dated 27.07.2023 wherein it is contended that the location of the Morgue in question 14 is surrounded by densely populated high rise buildings and Howrah District Correctional Home and, therefore, the nearly eight feet high boundary will not serve any fruitful purpose or prevent viewing from outside.
14. It is also alleged that after the Tribunal took cognizance of the case of the Original Application and before the Committee visited the site, more than 100 dead bodies have been disposed of and, therefore, the Committee's Report to that effect that there were only seven bodies present in the Morgue is absolutely incorrect.
15. It is also alleged that cooling system of the Morgue was put right just before the inspection, therefore, the allegations made by him in the Original Application are absolutely correct and only after the Tribunal took cognizance of the matter, hastily the Department proceeded to clean-up the Morgue in question. However, it is stated that construction of concrete slabs providing seating space commenced from 20.05.2023 and has been completed but no shed has been constructed and the family members of the deceased are forced to stand in the scorching sun in a very inhumane manner. It is further stated that no drinking water or toilet facilities have been provided at the Morgue.
16. It is also alleged that drains in the Morgue are in a poor and dilapidated condition, though the report of the District Magistrate is to the contrary. It is also suggested that the Morgue may be shifted out of the densely populated residential area to some place like - Basantalla Burning Ghat.
17. So far as the suggestion of shifting of the Morgue in question, since the present location is stated to be in a very dense populated area, is concerned, in our opinion, this is the matter in which decision 15 has to be taken by the concerned Municipal Corporation in collaboration with the State Authorities and no direction for shifting, at this stage, can be given, since the residential complexes and high rise buildings can come-up even at the re-located site of the Morgue.
18. Photographs have also been filed with the rejoinder affidavit which do not present a very happy picture of the Morgue and, therefore, this Original Application is disposed of with a direction to the State Respondents, Government of West Bengal, to ensure that the Morgue in question is well maintained and dead bodies are disposed of strictly as per the procedure laid down in the Standard Operating Procedure.
19. The State Respondents are also directed to ensure that a shed is put-up for the benefit of the family members of the deceased who are required to visit the Morgue. The District Administration shall also ensure that proper toilets and drinking water facilities are put in place and maintained well within the Morgue area for use of the members of the public visiting the Morgue.
20. We also direct the State Respondents to ensure that proper cooling system is maintained within the Morgue strictly as per the Standard Operating Procedure so that the dead bodies brought to and kept in the Morgue do not deteriorate or emit foul smell and the number of bodies are not allowed to accumulate more than what is permissible.
21. Let a compliance affidavit along with supporting documents in this regard be filed by the District Magistrate, Howrah, within a period of two months i.e., on or before 11.10.2023.
22. I.As. if any, stands disposed of accordingly. 16
23. There shall be no order as to costs.
.....................................
B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM August 09, 2023, Original Application No.49/2023/EZ AK 17