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5 Following the order of transfer, the entire batch of cases together with several applications for intervention have been heard. Hearings in this batch of cases have taken place on 2 February 2018, 5 February 2018, 9 February 2018, 12 February 2018, 19 February 2018, 5 March 2018, 8 March 2018, 9 March 2018 and 16 March 2018.
6 We have heard Mr Dushyant Dave, Ms Indira Jaising, Mr V Giri, Mr Pallav Shishodia, Mr PV Surendranath, learned senior counsel and Mr Kuldip Rai and Mr Prashant Bhushan on behalf of the petitioners and the intervenors. Mr Mukul Rohtagi and Mr Harish Salve, learned senior counsel have appeared for the respondent State. 
D     Mr Prashant Bhushan:



18    Mr Prashant Bhushan, learned counsel appearing on              behalf of the

Centre for Public Interest Litigation has filed an application for intervention. The affidavit in support of the application has been sworn and verified by Mr Prashant Bhushan. Reiterating the contents of the application, it has been urged that on 11 February 2018 Caravan published a report stating that the post-mortem report and histo-pathology report that accompanied the sample of the viscera were submitted to Dr RK Sharma, a former Head of Forensic Medicine and Toxicology at AIIMS. Mr Bhushan submitted that the intervenor obtained a copy of the histo-pathology report and a copy of the ECG. The PART C expert opinion of Dr RK Sharma, it has been submitted, indicates that there was no evidence of myocardial infarction and though changes were observed in the condition of the heart, they are not conclusive to show coronary artery insufficiency. Moreover, emphasis has been placed on the fact that the post- mortem report indicated congestion in the dura which would indicate that the possibility of poisoning cannot be ruled out.

19 Mr Prashant Bhushan states that the intervenor submitted a copy of the ECG and histo-pathology report to Dr Upendra Kaul, a former Professor of Cardiology at AIIMS. Mr Prashant Bhushan addressed an e-mail to Dr Kaul, attaching the ECG and histo-pathology report and addressed three questions which read as follows:

“1. Could this person have suffered a serious heart attack, one-two hours before this ECG is taken? In other words, is this ECG consistent with the ECG of a person who has had a serious myocardial one to two hours before this ECG is done?

Intervention by Centre for Public Interest Litigation 64 Mr Prashant Bhushan appeared in these proceedings at the stage of the rejoinder. This was after the learned counsel appearing on behalf of the petitioners and intervenors had addressed the court and the court had heard submissions on behalf of the State of Maharashtra. The Centre for Public Interest Litigation which Mr Prashant Bhushan represents as counsel has sought to intervene by an application26. The application relies on a report in Caravan published on 11 February 2018 stating that the post-mortem and histo- pathology reports were sent to a forensic expert, Dr RK Sharma, formerly attached to AIIMS, and that Dr Sharma has ruled out the possibility of the death being due to a heart attack. Moreover, it has been stated that the documents indicate signs of trauma to the brain. Hence, it was urged that poisoning cannot be ruled out. The application for intervention states that the intervenor obtained a set of documents from Caravan, including the histo-pathology report and a copy of the ECG done at Dande hospital. Mr Prashant Bhushan claims to have forwarded the ECG and histo-pathology report to Dr Upendra Kaul, a former professor of Cardiology at AIIMS. Mr Prashant Bhushan himself addressed an PART D e-mail to Dr Upendra Kaul seeking his professional opinion on certain queries. Dr Kaul responded that the ECG “most unlikely.. has no evidence of a recent myocardial infarction”. Moreover, it has been stated that the histo-pathology of the heart mostly indicates that it was normal and that the coronary artery block in the LAD “could be” an innocent bystander. The application for intervention also states that Mr Prashant Bhushan who is a member of the intervenor has spoken to other reputed cardiologists who are of the same opinion. 65 The affidavit in support of the application for intervention has been sworn by Mr Prashant Bhushan personally. Mr Prashant Bhushan appeared on behalf of the intervenor as its counsel during the course of the hearing and not as a party in person.