Whether SOPs For Administration, Management & Security Of Hospitals Being Followed?: Allahabad High Court Asks UP Govt

The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal was hearing a Habeas Corpus plea seeking the release of an 82-year-old man from the custody of TB Sapru Hospital in Prayagraj, where he was admitted for treatment of Covid-19 but purportedly went missing.

On August 19, the State Of Uttar was directed to ensure that before the next date fixed (August 27) the corpus may be traced and a report be placed, however, since the Government failed to trace the patient, the court granted it further a week time.

The Additional Chief Secretary, Home, in the affidavit, stated that DIG / S.S.P. Prayagraj has been directed to constitute an S.I.T. under the guidance and supervision of an officer of the rank of Superintendent of Police and the S.I.T. so constituted shall submit its report to the Government within 07 days.

The Court sought details of the same

SOPs

Considering the SOPs as well as the plan prepared by the Chief Medical Superintendent, T.B. Sapru Hospital, Prayagraj and also the stand taken by the Additional Chief Secretary, Medical Health and Family Welfare, Govt. of UP, the Court observed thus:

"We are constrained to observe that either the State Government has not yet prepared uniform SOPs for District Hospitals in Uttar Pradesh including T.B. Sapru Hospital, Prayagraj or deliberately the same has not been brought on record. It is unbelievable that the State Government, which is running large number of Hospitals in the State of Uttar Pradesh, would not have any uniform SOPs or Plan for appropriate administration, management and security of the Hospitals."

Further, perusing the affidavits of Senior Superintendent of Police, Prayagraj as well as Chief Medical Superintendent, T.B. Sapru Hospital, Prayagraj, the Court, prima facie, observed that entire hospital as well as the police authorities were negligent and committed dereliction in their duties in the matter of tracing the corpus Ram Lal Yadav.

The Court noted that the Doctors as well as Staff of the Hospital were well aware of the incident of missing of the corpus since the morning of May 8, 2021.

"They were so careless and irresponsible that they even have not taken any effective steps in discharge of their duties," the Court added.

Considering the facts and circumstances of the case, the Court directed that appropriate corrective measures be immediately taken to ensure improvement in working of the Hospitals, security and safety measure etc.

The Court also directed the Director-General, Medical Health to file their personal affidavits clearly stating therein the standards and norms of infrastructure, medical equipment as well as other equipment, security and safety measures etc. prescribed by the State Government for District Hospitals, Community Health Centres and Primary Health Centres, Moti Lal Nehru Medical College and S.R.N. Hospital Prayagraj, as well as existing facilities available.

The matter has been posted for further hearing on September 10.

Case title - Rahul Yadav v. State Of U.P. And 4 Others

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