IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR. ORDER Smt. Shashi Joshi Vs. State of Rajasthan & Others (S. B. Civil Writ Petition No. 7148/2004) S.B. Civil Writ Petition under Article 226 of the Constitution of India. Date of Order: November 21, 2008 PRESENT Hon'ble Mr. Justice R. S. Chauhan Mr. H.C. Ganeshia, for the petitioner. Mr. Paras Kuhad, for the respondents. BY THE COURT: With the consent of learned counsel for both the parties the case is being finally decided at the stage of admission. 2. Heard learned counsel for the parties and perused the material available on record. 3. The petitioner has sought following relief in this case:- It is, therefore, humbly prayed that this writ petition may kindly be accepted and allowed and: (i) By an appropriate writ, order or direction, the State Govt.be directed to conduct a CBI enquiry into the affairs of Tongia Hospital and to know the causes of huge number of death of patients in Tongia hospital during the course of treatment. (ii) By an appropriate writ, order or direction, a high level expert Committee be constituted by the Board to examine the hospital record and the correctness of treatment provided to late Shri K.K. Joshi and the real cause of his death. (iii) By an appropriate writ, order or direction, the respondent, Tongia Hospital be directed to pay compensation of Rs.50.00 lacs to petitioner for negligence on the part of his doctors in not providing proper treatment to Shri K.K.Joshi. (iv) By an appropriate writ, order or direction, the State Govt. be directed to make thorough investigation regarding the equipment, machinery, expertise of doctors, their sincerity of the performance etc. and if any negligence is found then registration of hospital be ordered to be cancelled forthwith. (v) Any other suitable order or direction which this Hon'ble Court deems just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. (vi) Cost of the writ petition may kindly be awarded in favour of the petitioner. 4. Brief facts of the case are that on January 23, 2004 in the morning around 9.30 AM petitioner's husband, Shri K.K.Joshi was not feeling well. Therefore, his family members rushed him to Tongia Heart & General Hospital (`The hospital' for short). At the hospital, Dr.R.K. Tongia examined the patient and advised him for immediate admission. He further advised Angiography to be performed. The family members were asked to immediately deposit Rs.60,000/- and subsequently about Rs.1,70,000/- was realised. On the next day, around 5.00 PM the patient was taken from the ICU ward into the operating theater. However, unfortunately, Shri K.K.Joshi expired in the operating theater. Despite the fact that the patient had died in the operating theater, his death was not declared till January 24, 2004 around 4.00 AM. It is, further, the case of the petitioner that the doctors had operated upon her husband in blatant violation of certain medical principles. She further alleged that the doctors at the hospital have prepared forged medical documents about the treatment. Subsequently, the petitioner filed a FIR at the Police Station Ashok Nagar, Jaipur. She further claims that the Superintendent of SMS Hospital Jaipur constituted a Medical Board in order to carry out impartial investigation into the case. But, the said Board has investigated the case in a highly cursory manner. Moreover, she claims that she had submitted a number of representations to various authorities. But these representations have not elicited any response. Lastly, she claims that according to certain news-papers report a large number of death are occurring at the hospital. Hence, prayers mentioned above. 5. Mr. H.C.Ganeshia, learned counsel for the petitioner, has vehemently tried to highlight the negligence of the doctors at the hospital. He has referred to the reports published in news-papers “Mahanagar Times” (Annexure-13) and Evening Post (Annexure-14). 6. A bare perusal of the writ petition reveals that the petitioner claims that medical negligence has been committed by the doctors while treating her husband. On the basis of alleged negligence, she claims compensation of Rs.50 lacs. However, whether the negligence was committed by the doctors or not is a highly disputed question of fact. Therefore, the writ jurisdiction cannot be invoked. For, it is a settled principle of law that complicated disputed question of facts cannot be gone into in a writ jurisdiction. 7. But for the press reports, there is no other evidence to prove that large number of deaths are taking place at the hospital. In absence of cogent and convenience evidence, press reports cannot be accepted as gospel truth. Therefore, the petitioner has failed to make out a substantial case for directing CBI to investigate the functioning of the hospital. Similarly, no direction can be issued for investigating the functioning of the hospital. Even, this individual case cannot be referred to CBI, as the petitioner has failed to prove any lapse on the part of local Police in investigating the FIR lodged by the petitioner. Lastly, in case the petitioner wishes to seek compensation against the hospital, she is certainly free to avail other legal remedy provided to her by law. 8. Therefore, this writ petition is devoid of merit. It is, hereby, dismissed. There shall be no order as to costs. ( R.S. CHAUHAN ) J. arn