The infants parents, Mohan and Mohini Nerurkar, had moved the court last year seeking to find the child and also for a monetary compensation.
It’s been well over a year since a four-day-old boy was allegedly stolen from Sion hospital. On Monday, the Bombay high court pulled up the state government and the Brihanmumbai Municipal Corporation (BMC) for shrugging off their responsibility to protect the lives of patients and civilians.
The infants parents, Mohan and Mohini Nerurkar, had moved the court last year seeking to find the child and also for a monetary compensation. Though the Nerurkars have now lost all hope of finding their son, the high court wants to ensure that they are properly compensated for the loss.
A division bench of justices Ranjana Desai and VK Tahilramani were hearing a habeas corpus petition filed by the Nerurkars. Petitioner’s lawyers Ashish Chavan and Amit Karkhanis informed the court that although the corporation had deposited Rs5 lakh as compensation, the same was not paid to the couple.
Hearing the submissions, justice Desai said: “What is the problem in paying compensation? The corporation has ample money.”
When questioned about the state government’s and the BMC’s stand on the compensation, public prosecutor PA Pol told the court that the government could not be held responsible for such an incident.
The BMC, on the other hand, said there was no provision in law which compelled it to pay compensations in such cases. The corporation also told the court that if such an order is passed, it will set a precedent.
Justice Tahilramani said: “Let it set a precedent, it will assure that babies do not get stolen from your hospitals in the future.”
Justice Desai added: “Ultimately, the state and the BMC cannot evade their duty to protect the lives of patients and civilians.
Instead you (both the authorities) should share the responsibility. Prima facie the parents should be compensated.” The final hearing is in on Jul5 .
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