Allahabad HC Seeks Govt's Response On A PIL Seeking Free Of Cost COVID Treatment For Lawyers, Their Families

Dealing with a Public Interest Litigation Petition seeking free-of-cost treatment to the lawyers and their wards suffering from Covid-19 or reimbursement of the amount incurred on treatment of Covid-19, the Allahabad High Court on Wednesday (May 12) directed the State and Central Government to seek instructions in the matter.

A Division Bench of Justice Ritu Raj Awasthi and Justice Manish Mathur was hearing a PIL filed by one Hari Pasad Gupta (through Advocates Dr. V.K. Singh, Hari Ram Gupta) primarily agitating:

• Mismanagement in the availability of oxygen required for seriously ill Covid positive patients,
• Lack of required beds in the designated Covid hospitals,
• Non-availability of life-saving drugs,
• Black marketing of oxygen and necessary drugs and
• Lack of sensitivity of administration and concerning authorities towards the Covid positive patients who are either home quarantine or running from pillar to post for admission in hospitals in the city of Lucknow.

The petitioner's counsel also submitted that the audit of the oxygen and supply of medicines in the State of U.P. was required to be done so that they are properly utilized. 

Further, the Additional Chief Standing Counsel submitted that the High Court was already seized with a Suo Motu PIL No. 574 of 2020 which involved the issues raised in the instant P.I.L. and as such the petitioner may be directed to move an application for intervention in the pending writ petition at Allahabad.

Considering the submissions made by the counsel for the parties, the Court directed the counsel for opposite parties to seek instructions in the matter.

Notably, the petitioner had also prayed for the following reliefs in the public interest litigation:

•  Direction to the Respondents to ensure the urgent demand of life saver oxygen supply not to only hospitals and but also to the patients who are in isolation/ home quarantine.
• Direction to the Respondents to provide facility of hospitalization to serious patients who are running here and there and are becoming prey to the mismanagement and utter failure of the administrative set up and thereby loosing precious life.
• Direction to the Respondents to ensure the proper, adequate supply of medicine, check the black marketing, hoarding, overpricing of medicines, oxygen, and other surgical and non-surgical items.
• Direction to the Respondents for installation of Pressure Swing Adsorption (PSA) in the state of Uttar Pradesh from the fund allocation made under the PM Cares Fund Trust allocated on 05.01.2021 and to ensure its supply of the oxygen as per its capacity at the earliest in given stipulated time.
• Direction to the Respondents to take appropriate action against the officials responsible for non installation of the Pressure Swing Adsorption (PSA) in the state of Uttar Pradesh from the fund allocation made under the PM Cares Fund Trust and further to lodge criminal case holding them responsible for the loss of life due to lack oxygen supply in the state of Uttar Pradesh.
• Direction to the authority concerned for conducting audit of the hospitalization of the Covid-19 patients both in government and non-government hospitals, and also to do conduct audit of the supply of the lifesaver oxygen, supply of medicines in the state of Uttar Pradesh.
• Direction to the Respondents to provide space to the state government for establishing makeshift Covid-19 hospital in the premises of the Hon'ble High Court for which Advocate Chambers, Awadh Bar Library, Auditorium Hall, and other suitable places can be taken so as to cater to the need of the judicial and non-judicial staff of the Hon'ble High Court and the advocates and their wards.
• Direction to the Respondents to provide the necessary infrastructure and facilities like ventilator, oxygen supply, life-saving medicines, and other necessary ancillary equipments and machineries for making makeshift Covid hospital in the premises of the Hon'ble High Court.

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