Bombay HC Seeks Details From State About 11 Deaths That Allegedly Occurred Due To Culpable Negligence Of Hospitals [Read Order]

Division bench of Chief Justice Dipankar Datta and Justice NJ Jamdar were hearing a public interest litigation filed by Bharatiya Janata Party leader Ashish Shelar raising concerns about the way dead bodies of those infected with Covid-19 were handled, allegedly resulting in 11 deaths.

At the outset, Court observed-

"The larger issue raised in this PIL petition regarding proper management of dead bodies of Covid victims is also pending adjudication before the Supreme Court. We are inclined to keep in abeyance consideration of such issues, awaiting the decision of the Supreme Court."

However, until final directions are passed in the present case, the bench noted that the State may, in addition to the guidelines issued by the Ministry of Health and Family Welfare, Government of India dated March 15, 2020 on dead body management in the context of Covid-19, follow the additional guidelines laid down by a Division Bench of the Calcutta High Court in Vineet Ruia Vs. Principal Secretary, Ministry of Health and Family Welfare, Govt. of West Bengal and Ors.

Court clarified that this order will, however, not preclude the petitioner from also suggesting additional measures that could be adopted by the State for better management of dead bodies in the context of Covid-19. The bench asked the petitioner to share these suggestions may be shared with AGP Kedar Dighe.

Referring to the additional affidavit filed by the petitioner dated July 10, 2020 Court noted that he has cited eleven instances of death of patients, either at State run hospitals or hospitals run by various Municipal Corporations, amid the pandemic. According to the petitioner, such instances would suggest culpable negligence on the part of those responsible for running the hospitals.

"We had pointed out to Mr. Dighe on the last occasion that if the instances referred to by the petitioner were true and the State accepts the allegations of the petitioner that there has been culpable negligence, the unfortunate victim's family members should be entitled to compensation" Court said.

During the course of hearing today, AGP Dighe pointed out that a PIL petition is pending before the Aurangabad Bench of the Bombay High Court. In view of such pendency, this Court may exercise restraint, Dighe submitted. Court said-

"Particulars regarding the PIL petition, said to be pending before the Aurangabad Bench, are not before us. We accordingly call upon the State to file an additional counter affidavit and provide particulars of the prayers made and the status of such proceedings. In addition, the State shall deal with each of the other 10 (ten) instances referred to by the petitioner in the aforesaid additional affidavit.

We make it clear that even if all the hospitals where the unfortunate deaths occurred are not run by the State, nothing would prevent the State from accessing information from the authority in charge of administration thereof and placing on record all relevant factual details and particulars. Let such an affidavit be filed by November 4, 2020; reply thereto may be fled by November 23, 2020."

The next date of hearing is November 23

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