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"Produce Him Or Exemplary Cost May Be Imposed": Allahabad High Court Warns UP Govt In Case Of 82 Year Old Missing Man
Sparsh Upadhyay
12 April 2022 9:59 AM GMT
In what appears to be the last opportunity, the Allahabad High Court has directed the Uttar Pradesh Government to produce the 82-year-old man who went missing from TB Sapru Hospital in Prayagraj during COVID's second wave, around 11 months ago.The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has also taken a serious view of this matter and has directed the respondents...
In what appears to be the last opportunity, the Allahabad High Court has directed the Uttar Pradesh Government to produce the 82-year-old man who went missing from TB Sapru Hospital in Prayagraj during COVID's second wave, around 11 months ago.
The Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has also taken a serious view of this matter and has directed the respondents to produce the corpus on the next date fixed, failing which, the Court added thus:
"...this Court may consider calling for the personal presence of all the concerned respondents and may also consider to impose exemplary costs considering the facts and circumstances of the case."
Essentially, the instant Habeas Corpus Writ Petition was filed before the High Court in May last year 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.
The petition had been filed by one Raul Yadav through Advocates Anuj Saxena and Prakash Sharma, seeking the release of his father Ram Lal Yadav who has allegedly been missing from the said Hospital since May 8, 2021.
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.
Now, on April 7, 2022, hearing the case, the Court noted that in the previous 7 hearings in the matter, time was granted to the respondents to produce the corpus but the respondents did not produce the corpus.
Perusing that personal affidavit of Sarvashresth Tripathi, Senior Superintendent of Police, District Prayagraj filed on 27.12.2021 and the report dated 17.12.2021 forwarded to the Additional Chief Secretary (Home), Government of Uttar Pradesh, Lucknow, the Court noted that the corpus was 82 year old and on 07.05.2021 his oxygen level had fallen down to 68% and was shifted from New Emergency Ward to Trauma Centre of Tej Bahadur Sapru Hospital and information to this effect was given to his son Rahul Yadav. The corpus was neither discharged nor was handed over to his son or any family members.
Against this backdrop, the Court has directed the respondents to produce the corpus on 25.04.2022 for further hearing at 2:00 p.m.
Case title - Rahul Yadav v. State Of U.P. And 4 Others [Habeas Corpus Writ Petition No. - 399 of 2021]
