Covid Deaths At Jaipur Golden Hospital: Families Seek Early Hearing In Plea Seeking SIT Investigation, Compensation

An application has been moved in the Delhi High Court for early hearing in the plea moved by family of 9 victims seeking a Court monitored CBI SIT Investigation into the deaths that took place in Jaipur Golden Hospital on 23rd and 24th April, seizure of important records and CCTV footage and also compensation to them.

Notice was issued on the plea by the High Court vide order dated 4th June this year by Justice Rekha Palli who had posted the matter for hearing on August 28.

The bench had sought response of Union of India through Ministry of Health, Ministry of Home Affairs, Government of NCT of Delhi, Government of NCT of Delhi through Health Department and Jaipur Golden Hospital.

"It is humbly submitted that since incident took place on 23.04.2021 and one of the reliefs sought is relating to seizure of the CCTV footage and records of the Jaipur Golden Hospital, it is necessary and in the interest of justice that a direction in this regard be issued at the earliest so as to prevent any tempering or destruction of the evidence at the hands of the respondents." The early listed application reads.

Accordingly, the petitioners have prayed the Court to allow their Application and list the Writ Petition for hearing on an early date.

Moved through Advocate Utsav Bains, the plea alternatively prayed for providing monthly sustenance allowance to the single parent, orphans or to the families who have lost their earning member due to inaction of respondent authorities.

"..Inaction and failure to provide adequate supply of oxygen in spite of having knowledge that any shortage of oxygen would be fatal for the life of Covid patients and immediately cause their death, the respondents herein have rendered themselves not only liable to pay compensation to the families of the deceased victims but also for criminal prosecution." The plea read.

Stating that the report submitted by a three member committee of NCT of Delhi's Health Department was erroneous, the plea averred that the cause of the death in the report was mentioned as respiratory failure by the doctors for the reason that proper oxygen supply was not given to the deceased on time.

In view of this, it has been averred thus:

"It is the case of the Hospital that when the oxygen supply did not come on time the deceased were put on oxygen cylinders, however, the requisite pressure was not there and due to same, the patients died while suffocating for oxygen. The observation by the committee that the patients were receiving some form of oxygen therapy has been made to mislead the Hon'ble Court. The Committee did not examine the issue of demand and supply of oxygen to the Hospital."

In view of this, the plea prayed that the aforesaid report dated May 2 be quashed and a fresh investigation by the CBI into the cause of the death of the family members of the petitioners be made in the matter.

"The accused had the knowledge being from the specific field and expertise that if supply of oxygen is interrupted to the Patients, it would immediately withoutany iota of doubt cause their Death. This full-fills the essential ingredient of Section 304 IPC, i.e., "If the act is done with the knowledge that it is likely to cause death but without any intention to cause death or such bodily injury as is likely to cause death." the plea read further.

The petition sought the following prayers:

- to issue any writ, order or direction for a Court Monitored CBI SIT investigation into the deaths took place in Respondent No.5 hospital on 23/24.04.2021 and submit a report to this Hon'ble Court in a time-bound manner.

- issue any writ, order or direction to the seize the CCTV footage and other Important Records from 23.04.2021. to 24.04.2021 of Jaipur Golden Hospital, New Delhi.

- issue any writ, order or direction to quash the Report dated 02.05.2021 submitted by the Govt. of NCT of Delhi (Three Members Committee Report).

- to issue any writ, order or direction the Respondents to compensate the families of the victims for violation of their fundamental rights guaranteed under Article 21 of the Constitution of India.

- issue any writ, order or direction to the Respondents to provide monthly sustenance allowance to the single parent, orphans or to the families who have lost their earning member due to inaction of the Respondents.

- issue any writ, order or direction to the Respondents to initiate action against the erring officials responsible for non-supply of oxygen.

Title: ERICK MASSEY AND ORS. v. UNION OF INDIA AND ORS.