Supreme Court Directs UP Govt To Submit Status Report On Probe Into Missing Of 82 Year Old COVID Patient From Hospital In 2021

The direction was issued by the bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli while considering SLP assailing Allahabad High Court's order to produce the man before the Court on May 6 failing which the state officers were to remain personally present before the Court.

On May 6, 2022, on the SLP preferred by the State of UP & 8 state officers, the bench had issued notice and also stayed further proceedings before the High Court. It had also directed the State to pay an amount of Rs 50,000 to the respondents as an initial amount for covering the litigation expenses and enabling them to appear before the Supreme Court.

During the hearing, AAG for the State of UP, Garima Prashad submitted that the person could not be traced irrespective of the State searching everywhere. She further submitted that there was a possibility of the body being exchanged with someone else.

"We have a feeling that the body was cremated as an unidentified body. It has been almost 1 year now. We did everything and went to his village," she also submitted.

The State in its SLP filed through Advocate Ruchira Goel argued that the High Court failed to consider that the tragic incident occurred in May 2021, during the peak of the second wave of the Covid-19 Pandemic, when hospitals and health care providers were overstretched, and health care and other essential services providers were working under great stress.

Further, the state had argued that the High Court did not consider that as soon as the State authorities were informed of Mr. Yadav went missing and they had taken all possible and best efforts to trace his whereabouts.

It was stated that various steps have been taken, including the formation of two SITs which have undertaken a detailed and thorough investigation, constant monitoring of progress by the ACS Home itself, the institution of fact finding Inquiry, and extensive outreach through social and conventional media.

It was the Petitioner's case that his father was admitted to TB Sapru Hospital on May 4 after testing for Covid-19. On May 6, the Petitioner himself tested positive and was recommended home isolation. The next day, he was informed by the Hospital authorities that his father is being shifted to Trauma Center due to a sharp decline in Oxygen levels, and to his utter shock, on May 8, he was informed by the Hospital authorities that his father is missing.

Case Title: State of UP v Rahul Yadav

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