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  1. Getmanojpp June 14, 2011 at 12:39 pm #

    Could journalist J Dey have been saved?Published: Tuesday, Jun 14, 2011, 1:28 IST | Updated: Tuesday, Jun 14, 2011, 1:32 IST By Rosy Sequeira | Place: Mumbai | Agency: DNA  Investigative journalist Jyotirmoy Dey who was shot at in Powai around 2.45pm on Saturday was still breathing when he was taken to Powai Polyclinc at 2.55pm. The hospital refused to treat him saying they were ill-equipped to handle such an emergency.Dey was then taken to Dr LH Hiranandani hospital where he was declared dead on arrival at 3.05pm. Had Powai Polyclinic treated Dey immediately, he could have stood a chance.“After an accident, the first 15-20 minutes are crucial for saving the life of the victim,” said senior Supreme Court lawyer Pundit Parmanand Katara. He moved the Bombay high court on Monday seeking its intervention for the implementation of the SC’s 1989 direction regarding the right to medical aid.“I was a party to a PIL when the Supreme Court gave a landmark judgment in 1989 that all government and private hospitals are bound to give instant medical aid to any injured person brought before them,” Katara told high court on Monday.In response to a PIL filed by Katara in 1989, a division bench of the Supreme Court held that Article 21 of the Constitution casts an obligation on the state to preserve life.   “There can be no second opinion that preservation of human life is of paramount importance,” they said. “Every doctor, whether at a government hospital or otherwise, has the professional obligation to extend his services with due expertise for protecting life.”According to the Constitution, the judgment of the Supreme Court is the law of the land and all states are bound to follow it, said Katara. “If they do not, then the court can punish them for contempt of court,” he added. He said a person who is affected can move the Supreme Court  for contempt. “In this case, Dey’s wife can move court (against the poly clinic) for contempt.”Katara said the apex court had directed widespread publicity of its judgment. “Had there been wide publicity of the judgment, Dey’s life could have been saved,” he said.Katara, who was nominated for the Alternative Nobel Prize from the Swedish Foundation, filed his PIL in 1989 after reading a newspaper report about a man riding a scooter who died after being knocked down by a car. The report said the doctors at the nearest hospital refused to treat him and directed that he be admitted to another hospital 20km away which was authorised to handle medico-legal cases. The victim succumbed to his injuries before he could be taken to that hospital.

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