"State Failed to Protect Right to Life of Citizens, We All Have Failed" Delhi High Court On The Death Of Advocate's Relative Who Pleaded For ICU Bed

"We only want to say that the state has failed in fulfilling its fundamental obligations of protecting the fundamental rights." Remarked a division bench comprising of Justice Vipin Sanghi and Justice Rekha Palli on being informed during the course of hearing that a relative of a lawyer appearing before the Court had passed away.

The lawyer whose relative was in dire need of an ICU bed, had preferred a writ petition in the High Court seeking intervention of the Court for providing help in the matter. 

During the course of hearing today, the Bench had asked if the help was still needed. On this, the lawyer, who broke down before the Court, informed thus:

"The help isn't needed anymore. He just passed away. I have failed."

At this juncture, Justice Vipin Sanghi orally remarked "No the state has failed. We all have failed." 

Condoling the death, the Bench recorded the same in the order.

"We've been informed during hearing that Counsel's relative has passed away. We only want to say that the state has failed in fulfilling its fundamental obligations of protecting the fundamental rights." The bench observed.

The order passed by the bench said :

"During the course of the hearing, Mr. Amit Sharma, who has filed the said petition has informed us that the patient i.e. Mr. Atul Kumar Sharma has expired.. We can only say that the State has failed in fulfilling itsobligations of protecting the basic Fundamental Right i.e. Right to Life acknowledged in the Article 21 of the Constitution of India. 23.

This writ petition is accordingly disposed of as infructuous"

The Bench was hearing a bunch of writ petitions concerning Covid 19 situation and dearth of oxygen supply in the national capital.

Edited by Nupur Thapliyal

Click here to read/download the order