Sambara Sabar vs State Of Odisha And Others
2021 Latest Caselaw 12247 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C) No.11860 of 2015


            Sambara Sabar                          ....            Petitioner
                                              Mr. Omkar Devdas, Advocate
                                       -versus-
            State of Odisha and Others             ....     Opposite Parties
                               Mrs. Suman Pattanayak, Addl. Govt. Advocate


            CORAM:
            THE CHIEF JUSTICE
            JUSTICE B.P. ROUTRAY


                                        ORDER

Order No. 29.11.2021

06. 1. This is a petition concerning maternal deaths and asking for the constitution of Maternal Death Review Board for effective implementation of the Janani Surakshya Yojana.

2. The issues raised in the present petition have been comprehensively dealt with in a judgment of the Delhi High Court in Laxmi Mandal v. Deen Dayal Harinagar Hospital, 2010 SCC Online Delhi 2234 : 2010 (172) DLT 9.

3. On the previous date, when notice was issued time had been taken by the learned Additional Government Advocate for reply. Today Mrs. Pattanayak, learned Additional Government Advocate seeks some more time.

4. A final opportunity is granted to the State to file a reply within four weeks. The State will present before the Court a comprehensive plan which will include payment of compensation

for a maternal death on account of the failure of the health care system in the individual case and for conduct of a maternal death audit as was done in the case of Laxmi Mandal (supra). Rejoinder affidavit thereto, if any, be filed by the next date.

5. Mr. Omkar Devdas, learned counsel appearing for the Petitioner has drawn the attention of this Court to the fact that there are 38 other writ petitions pending before the learned Single Judge of this Court which involve the same issue.

6. Considering that in this PIL the same issue is being dealt with, the Court directs that the said writ petitions, the list of which has been provided by Mr. Omkar Devdas to this Court, be listed along with the present case on the next date.

7. List on 16th February, 2022.

(Dr. S. Muralidhar) Chief Justice

(B.P. Routray) Judge S.K. Jena/P.A.