BEFORE THE HON’BLE HIGH COURT OF……….,AT …………….

IN THE MATTER OF :

Writ Petition No………. of 2015

Mr. Awadesh ……………………………………………………………………. Petitioner

VS.

State and morx Flod Hospital………………………………………….. Respondents

Original Writ jurisdiction

Under Article 226 of the constitution of India

MEMORANDUM ON BEHALF OF THE RESPONDENTS

TABLE OF CONTENTS . . . . . .

LIST OF ABBREVIATION . . . . .

CASES SITES . . . . . . . . . . .

STATEMENT OF ISSUES . . . . .

STATEMENT OF FACTS . . . . .

SUMMERY OF ARGUMENTS . . . . . . . . .

PLEADINGS . . . . . . . . .
1. THE STATE HAS NOT VIOLATED ANY FUNDAMENTAL RIGHT
OG THE DECEASED UNDER ARTICLE 21 OF CONSTITUTION
OF INDIA ………………………
2. THE ACT OF MORX FLOD HOSPITAL IS NOT VIOLATING THE
FUNDAMENTAL RIGHTS OF DECEASED UNDER ARTICLE 21

2.1 Morx Flod Hospital is not a state

2.2 Morx Flod Hospital is not violating Right to life and personal liberty

3. THE HOSPITAL AUTHORITIES AND POLICE ARE NOT

LIABLE FOR ABETMENT OF SUICIDE OF MR. AWADESH
UNDER SECTION 306 OF INDIAN PENAL CODE,1860

3.1 Hospital Authorities are not liable for abetment to suicide

3.2 Police was not liable for abetment to suicide

PRAYER . . . . . . . . . . .
 STATEMENT OF ISSUES

The following issues are presented before the Hon’ble High court of ……….. :-

1. WHETHER THE STATE HAS VIOLATED RIGHTS OF AWADESH ?

2. WHETHER THE MORX FLOD HOSPITAL VIOLATED THE

FUNDAMENTAL RIGHTS OF THE DECEASED ?

2.1 Morx Flod Hospital is not a state as orescribed under

Art.12 of Constitution of India.

2.2 Morx Flod Hospital has not infringed the

Fundamental Right of the deceased as prescribed
under Art. 21 of Constitution of India

3. WEATHER THE HOSPITAL AUTHORITIES AND POLICE ARE

LIABLE FOR ABETMENT OF SUICIDE OF MR. AWADESH ?

3.1 Hospital authorities are not liable for abetment of

suicide of Mr. Awadesh.

3.2 Police is not liable for abetment of suicide of Mr.

Awadesh .
 STATEMENT OF FACTS

1. Awadesh ,a poor sweeper developed chronic obstructive pulmonary disease (COPD) due to
occupational exposure to dust. He was illiterate and ignorant about govt. insurance schemes.
2. He went to govt. hospital for checkup on 30th September 2014, where he was advised to go for a
tuberculin skin test ,other scans X-rays, surgical biopsy in a private clinic, because X ray
machines in the govt. hospitals were out of order and pathological test/blood test facility was
not there because of unavailability of Doctors as they were on leave for 3 days.
3. Dr. Gabbaria asked him to go to Morx Flod Hospital with a written reference for free checkup.
4. 3rd July - Dr. Daygem asked him to admit for a week assuring him minimum cost for treatment.
He gave his thumb impression on a form ;details of which was not read out. It authorized the
Doctor to perform tests and surgeries involved to cure his issues and if in this course he dies,
the Hospital shall not be responsible. It was accompanied with an undertaking to pay RS. 14000
in for the accommodation and treatment .
5. 4th July – He was not allowed to leave to feed his family because of treatment as well as non
realization of the sum .
6. 5th July – His family committing suicide due to hunger . But he was restricted to his room by the
hospital security guard . He threatened to commit suicide by saying that if he is not let free,
abetment of suicide would be filed against them and this was ignored by the hospital staff.
7. 6th July – His health was better. He was allowed to leave but by paying the sum assured added 13
% tax in total Rs. 15820. They scared him that a criminal complaint will be lodged for assault as
well as for non-payment of dues. He decided to sell his kidney for Rs. 75000 as he was not in a
condition to pay. The Doctor discussed with others and agreed but he was not paid later .
8. 7th July – After discharging , he went to police station and reported the entire incident and that
he was abetted to commit suicide by those hospital attendants but no FIR was lodged.
9. He then went to the Magistrate but was refused .He committed suicide by hanging in his house.
10. The son of the deceased lodged an FIR against the hospital authorities and the police officers for
abetment of suicide, the Hon’ble District Court held that it was case of suicide as hospital
authorities succeeded in proving that his mental condition was not good .

The matter is listed for hearing before the High Court of the …………………………..
 SUMMERY OF ARGUMENTS

1. THAT THE STATE HAS NOT VIOLATED ANY

FUNDAMENTAL RIGHT OF THE DECEASED UNDER
ART.21 OF THE CONSTITUTION OF INDIA .

It is humbly submitted before the Hon’ble court that the deceased as

under art. 21 of constitutuion of india as best possible arrangements in
the unforeseeable situation of lack of facilities was made by the
Government Hospital hence all efforts were made to save the Right to
health of the deceased and hence they have not violated the art. 21 of
the constitution of India.

2. THAT THE MORX HOSPITAL HAS NOT VIOLATED ANY

FUNDAMENTAL RIGHT OF THE DECEASED UNDER
ART. 21 OF THE CONSTITUTION OF INDIA.

It is humbly submitted before the Hon’ble Court that the Morx Flod
Hospital is not a state and even if it is ,it did not violate fundamental
right enshrined under art. 21 of the constitution . acts were done in
good faith for the treatment of the deceased and further the wrongful
acts on the part of the Dr.Daygem and the two hospital staff cannot
make the hospital authorities vicariously liable as they were done in
personal capacity and outside the knowledge of the hospital
authorities. Hence, contention made by the petitioner that the hospital
violated fundamental right of Mr. Awadesh is baseless and has no point

of consideration.

3. THAT THE MORX FLOD HOSPITAL AND POLICE

OFFICIALS ARE NOT LIABLE FOR THE ABETMENT OF
SUICIDE OF THE DECEASED.
It is humbly submitted before the Hon’ble Court that Morx Flod
Hospital as well as police are not liable for abetment of suicide of
Mr. Awadesh as act done by hospital authorities were in good faith
and cannot reasonable cause a human being to commit suicide .
further, liability of wrongful acts done by the staff cannot be
shifted upon the hospital authorities vicariously . also police
authorities can refrain from registering FIR when there is any
doubt regarding the facts and thus contention of the petitioner
that acts of both Morx Flod Hospital and police officials abetted
the suicide has no point of consideration .