HC reprimands Delhi police for casual report on plea seeking FIR against Delhi hospital for COVID patients' deaths

Written by Sanchari Chattopadhyay Published On 2021-07-14T10:15:00+05:30 | Updated On 9 Dec 2022 11:48 AM IST

HC reprimands Delhi police for casual report on plea seeking FIR against Delhi hospital for COVID patients deaths

Delhi: Pulling up Delhi Police for filing an Action Taken Report (ATR) in a "casual manner", Delhi High Court has granted one last opportunity to file an adequate report in a case against a private hospital where several COVID patients died allegedly due to lack of oxygen supply.

The court was hearing a plea seeking registration of an FIR against the management of Jaipur Golden Hospital for alleged offence of murder after patients allegedly died due to oxygen shortage.

As many as 21 critically ill patients had died at the hospital on the intervening night of April 23-24 as it allegedly awaited the oxygen supply to be replenished, following which six family members of the deceased approached the court.

Also Read: COVID Deaths Due To Lack Of Oxygen: Delhi Govt Panel To Assess Cases For Grant Of Compensation

The petitioners sought that the hospital management should be punished, but police, with mala fide intention, have neither arrested nor set up an inquiry against them, they alleged.

The families have requested the court to take cognizance of the offenses such as murder, criminal intimidation, death by negligence, cheating, criminal conspiracy, and disappearance of evidence, summon and try the accused for these offenses.

In the plea filed through advocates Sahil Ahuja and Siddhant Sethi, the complainants have stated that the hospital management should have stopped admitting the patients or start discharging them if they were low on oxygen supply. Keeping everyone in dark and thereby not providing the proper oxygen support which led to the death is an act of culpable homicide on their part all whilst the accused hospital minted money and raised invoices, it stated.

Calling it rash negligence, the complainants alleged it was crystal clear that the hospital management has murdered their family members, played fraud, conspired, and threatened them.

Not satisfied with the status report filed by the police, Metropolitan Magistrate Vivek Beniwal noted, that the status report has been filed in a causal manner. The court noted,

"On June 25, the Court had directed the SHO to file ATR in the matter. The IO has filed the status report which has been forwarded by SHO. The status report has been filed in a very casual manner. The IO has not displayed what steps he has taken after he was ordered to file a Status Report in the matter."

Furthermore, the judge called it a "highly sensitive matter" and gave the Deputy Commissioner of Police (DCP) the last opportunity to file the status report, failing which the court would take action as per the law.

The next hearing in the case will take place on 3rd August.

Meanwhile, the court received a similar plea filed by family of 9 victims who requested the court to monitor the CBI SIT Investigation into the deaths that took place in Jaipur Golden Hospital on 23rd and 24th April. The petitioner too demanded the seizure of important records and CCTV footage by the court and compensation for the members of such families who lost their dear ones in the tragedy.

As per a recent media report by Live Law, Advocate Utsav Bains, the counsel for the petitioner demanded a monthly sustenance allowance for the single parent, orphans, or families who have lost their earning member due to the inaction of respondent authorities. The petition also alleged that the three-member committee of NCT of Delhi's Health Department was faulty.

The plea further averred that though a respiratory failure was mentioned as a cause of death in the reports prepared by the doctors; however, the fact that proper oxygen supply was not provided to the deceased on time was not mentioned.

The court directed the Union of India through the Ministry of Health, the Ministry of Home Affairs, the Government of NCT of Delhi, Government of NCT of Delhi through the Health Department and Jaipur Golden Hospital to file their responses and posted the matter for hearing on August 28.

FIRDelhi HCDelhi high courtoxygen shortageCOVID patientcoronaviruspolice reportdelhi policenegligenceoxygen supplycovid patient deathdelhi hospital

Source : with inputs

Sanchari Chattopadhyay

Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.