Allahabad High Court Stays Coercive Action Against Lucknow's Sun Hospital, Its Staffers For Allegedly Spreading 'False Rumours' About Oxygen Scarcity

Significantly, last Friday (May 8), a Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar sought response from the Lucknow DM with respect to two private hospitals (Including Sun Hospital) for allegedly claiming that several Covid-19 patients died in their premises due to shortage of oxygen supply.

FIR Against the Hospital

In a strongly worded order concerning the death of Covid-19 patients due to shortage of Oxygen supply, the Allahabad High Court on May 4 stated that authorities responsible for procurement and supply of the gas are committing criminal acts.

Calling deaths due to lack of oxygen a "genocide", the Allahabad High Court had also taken into account the notice put up by Sun Hospital on May 3 asking the relatives of COVID-19 patients to take them away as it was facing oxygen shortage.

Pursuant to this, an FIR was lodge against Sun Hospital (a day after the Allahabad HC's order was delivered) by the Lucknow Administration for allegedly spreading 'false rumours' over shortage of oxygen.

Thereafter, the Hospital decided to challenge the FIR before the Allahabad High Court.

Now, on Tuesday (May 11), moving an intervention application, the Hospital submitted before the Court that District Administration didn't supply oxygen cylinders to the hospital and totally false statements had been given about the supply of oxygen to the hospital by the District Magistrate.

It was also submitted that instead of verifying the facts, the District Magistrate, Lucknow rushed to lodge the first information report against the hospital to show compliance of the Court's order.

It was also submitted that the Hospital was ready to show the inventory/ stock register of the hospital where the oxygen cylinder receiving was entered and submitted that in the wake of the first information report, the hospital management was being subjected to harassment and was not able to treat Covid patients who were admitted in the hospital.

To this, the Court remarked,

"We are of the view that since an intervention application has been filed along with reply, we direct the State to consider the same and get the necessary information from the District Magistrate concerned and file an affidavit of the District Magistrate, Lucknow in reply to the said intervention application by the next date fixed."

In the meanwhile, the Court directed,

"Until we finally decide the matter on the question of show cause notice and its reply and the action pursuant thereto taken against the hospital, no coercive measures shall be taken against the Sun Hospital and its staff pursuant to the first information report lodged."

Case Title: In- Re Inhuman Condition At Quarantine Centres…

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