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Allahabad High Court Constitutes Committee To Enquire Treatment Given To Justice V. K. Srivastava Who Succumbed To COVID

Sparsh Upadhyay
12 May 2021 3:18 PM GMT
Allahabad High Court Constitutes Committee To Enquire Treatment Given To Justice V. K. Srivastava Who Succumbed To COVID
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The Allahabad High Court on Tuesday (May 11) constituted a Fact-finding committee to conduct an enquiry into the treatment administered to late Justice Virendra Kumar Srivastava, who succumbed to the COVID-19 virus last month, and submit the report to the Court within two weeks.Earlier, on May 4, the Allahabad High Court had sought a response from the State health authorities about...

The Allahabad High Court on Tuesday (May 11) constituted a Fact-finding committee to conduct an enquiry into the treatment administered to late Justice Virendra Kumar Srivastava, who succumbed to the COVID-19 virus last month, and submit the report to the Court within two weeks.

Earlier, on May 4, the Allahabad High Court had sought a response from the State health authorities about the treatment that was given to Justice V.K. Srivastava.

Allahabad HC Seeks Report On Treatment Given To Sitting High Court Judge VK Srivastava Who Succumbed To Covid-19 Last Week

On May 11, the bench of Justices Siddhartha Varma and Ajit Kumar perused the report filed by the State Government and noted that Justice Srivastava was admitted to the hospital as he was having fever for the last five days and breathlessness for one day with no co-morbidity.

The Court further noted that the documents show that he was advised life-saving drugs Remdesivir, however, the Court remarked,

"The papers did not show as to whether actually he was administered Remdesiver or not on the first day and subsequent two days. The documents show that until 7:20 pm of 24th April, 2021 he had no complications and it was thereafter that his situation started deteriorating."

The Court also took into account the submission made by S. V. Raju, the Additional Solicitor General that there was no pulmonologist posted in Dr Ram Manohar Lohia Institution of Science, Lucknow where Justice Srivastava was being treated.

To this, the Court said,

"The antiviral drug Remdesivir has shown quite in Vetro activity against SARS-CoV-2 but the issue which the court raised was as to whether in the absence of any advice and presence of pulmonologist, who could have made an assessment of requirement of Remdesivir to late Justice V.K. Srivastava, it could have been and whether he was administered with complete doses of Remdesivir?"

The Court further observed that it was also required to be known as to whether the injection was administered without putting a note to that effect in the medical file.

Prima facie, the Court was of the opinion that since the records were not a complete guide in the case and page No.- 92 of the report of the State Government seem to have some interpolations besides being not very legible, the matter should be examined by a committee to be constituted by the Government.

Responding to this observation,S. V. Raju, the Additional Solicitor General submitted that State had no objection in holding a fact-finding enquiry into the medical treatment given to late Justice V.K. Srivastava.

Accordingly, the Court directed the State Government to constitute a Committee (to be constituted within 3 days) that shall have:

  • A Secretary level officer as its convener with a senior Pulmonologist from SGPGI, Lucknow and
  • A Senior Advocate to be nominated by the President/ Elders Committee of Awadh Bar Association as its members.

The Senior Registrar of Lucknow Bench, has been directed to coordinate with Government, SGPGI,  Lucknow and Awadh Bar Association in forming the Committee to conduct a fact-finding enquiry into the treatment administered to late Justice V.K. Srivastava and submit the report to this Court within two weeks.

Case Title: In-Re Inhuman Condition At Quarantine Centres…

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