Kolkata man refuses to accept baby's body, files habeas corpus plea

Babun Mondal was informed that his child had died and on June 27 after which the hospital authorities took him to the morgue and showed him a decomposed body claiming that it was his son's. However, he refused to take the body saying that it was of some other child and not of his son.

Kolkata: The Calcutta High Court on Friday ordered a fresh post-mortem examination on the body of a newborn baby, claimed to be that of the child of one Babun Mondal by a state-run hospital here but the man refused to accept it.

Mondal claimed that the body was not that of his son and moved a habeas corpus petition before the high court seeking that his baby be produced.

"For the moment, the DNA report and the post mortem report should be disclosed by the State when the matter appears next on October 13," the court directed.

A division bench comprising justices Sanjib Banerjee and Arijit Banerjee directed that the body of the child be sent for a further post mortem to be conducted by the pediatric department at the state-run SSKM Hospital and ordered that a report be furnished by the time the matter appears again for hearing.

The bench directed that this post-mortem report should particularly indicate the reasons for the apparent decomposition of the body and the other usual information as required to be furnished in course of a post-mortem report.

It also directed that the DNA report should be sent along with the body for corroboration by the SSKM authorities in terms of this order.

Passing the order, the division bench observed that despite the objections taken on behalf of the West Bengal government, particularly as to whether writ in the nature of habeas corpus may be sought for a body, the matter can be seen to cover considerable public interest and the manner in which state hospitals function.

"The matter could have been closed if the state government was not found wanting in the perfunctory inquiry conducted by the hospital and the blame sought to be foisted on a lowly employee," the court said.

Petitioner's lawyer Brojesh Jha claimed that a baby was admitted at the state-run R G Kar Hospital on June 13.

It was alleged that though the child's father Babun Mondal was staying in the hospital premises, he was not allowed to see his baby and had been assured that the child was alright.

It was also claimed by the petitioner that from June 23 to 25, the mother of the child pumped breast milk for her baby as per the advice of doctors.

It was further submitted by Jha that on the evening of June 25, Mondal was informed that his child had died and on June 27, the hospital authorities took him to the morgue of the hospital and showed him a decomposed body claiming that it was his son's.

The father refused to take the body saying that it was of some other child and not of his son.

"After the hospital authorities did not act on a complaint lodged by him, Mondal moved the habeas corpus petition before the high court," Jha said.

(PTI)