Covid 19- Plea In Delhi HC Seeks SIT Probe For Affixing Liability On State, Central Govts And Organizations For Failing To Curb Medical Oxygen Shortage

A public interest litigation has been filed before the Delhi High Court seeking a Court monitored SIT investigation for affixing liability and accountability on Central and State Government and also on individual persons and organizations for their negligent role in failing to curb shortage of medical oxygen supply in the hospitals and other places in the national capital.

The petition, filed by a final year law student Yash Giri and moved through Advocate Aditya Giri, states that the callous attitude of such organizations and people during the second covid wave has led to death of thousands of people across India.

"Till today nobody has taken the responsibility and liability for the shortage in supply of medical oxygen and unpreparedness for the same during the pandemic. The infected people are thus subjected to inhumane conditions by being exposed to a situation where they are left with no oxygen supply and left with no option but to strive for the lives and others being forced to buy sky rocketed oxygen being sold in the black market." The plea reads.

Highlighting that the second wave infected an average of 2,60,000 people in the ending week of April, the plea states that the people of Delhi have been "frantically calling city hospitals in vain to arrange beds for their near and dear ones."

"Their ordeal as described by them and reported across media houses states the utter un-preparedness and lack of planning by the Government. It was not just limited to the lack of medical infrastructure, they also spent a harrowing time trying to arrange a hearse to take the bodies to-the crematorium, thus facing acute mental and physical harassment and anguish." The plea states.

The petition seeks the following prayers:

- Issue directions to Respondent No.l to submit its detailed status report before the Hon'ble Court clearly laying down the action taken against the accused persons involved and to bring on record the entire case file including the documents received from accused persons if any.

- Exercise its powers under the Constitution of India and constitute a Special Investigation Team (SIT) under the able guidance of senior level officials of all concerned and handover the investigation in the captioned complaint to the SIT.

- Issue directions to the SIT constituted to lodge the report and investigate the matter.

- Continue monitoring the proceedings of SIT till charge sheet is filed and direct the concerned court to take charge thereafter as per the Criminal Procedure Code.

- Direct the prosecution to be handled by a central agency like Central Bureau of Investigation or any other independent agency.

- Direct the trial court and police to preserve all the available evidence so that it can be used in prosecution of the guilty.

- Pass any such order or further order(s) in favour of the Petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case as well as in the interest of justice.