Covid Deaths At Jaipur Golden Hospital- Delhi HC Grants Further Time To Centre, Delhi Govt For Responding To Plea Seeking SIT Investigation, Compensation

The Delhi High Court on Monday granted further six weeks time to the Centre and Delhi Government in order to file their replies 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.

Justice Rekha Palli also granted permission to the petitioners to file rejoinders to the replies filed by the respondents.

While Advocate Utsav Bains appeared for the petitioners, Advocate Kirtiman Singh and Senior Advocate Rahul Mehra appeared on behalf of the Centre and Delhi Government respectively.

It was submitted by Bains that the petitioners had approached the High Court as they want an independent investigation in the matter and that the accused cannot investigate on its own.

In view of this, it was submitted that an independent probe can only be ordered by the High Court.

On the other hand, Mehra submitted that a lower Court is already seized of the matter pertaining to criminal investigation and registration of FIRs in connection with the case.

Appearing for Centre, Singh submitted that the Apex Court is also hearing a case relating to grant of ex gratia compensation to the covid 19 victims.

After hearing the parties, Court granted time to the respondents to file replies in the matter while adjourning the hearing after six weeks.

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.

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.

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