Allahabad High Court Directs Lucknow DM To File ATR If Private Hospitals Created Unnecessary Panic On Oxygen Scarcity

A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar told the DM that if it is found that mischief was committed by them deliberately, endangering lives of innocent and creating unnecessary panic to serve the vested interests, then he should submit a detailed report of the action taken against them.

On Wednesday, the Court had made very stern observations against the UP Government in view of viral news and social media posts regarding death of Covid patients due to lack of Oxygen in the districts of Meerut and Lucknow.

Non-Supply Of Oxygen Criminal Act, Not Less Than Genocide : Allahabad High Court Orders Enquiry Into COVID Deaths

On Friday, District Magistrate, Lucknow appeared before the Bench and submitted that he had already conducted preliminary investigation in the matter (through SDM) and it had surfaced that Sun Hospital was already having sufficient oxygen cylinders as six jumbo oxygen cylinders were reported to be available on the day when notice was published by the hospital and thus according to him, it was quite apparent that the hospital had with a mala fide intention to create panic amongst the people, posted the notice notoriously showing scarcity of the oxygen in the hospital.

He further submitted that as far as the other hospital is concerned, that was a non-Covid hospital and had wholly illegally admitted the Covid patients.

The Bench was informed that show cause notices have been issued to both the Hospitals and appropriate steps shall be taken in due course.

So far as death of Covid patients due to lack of Oxygen at Meerut is concerned, the District Magistrate, Meerut, submitted that the deaths were not caused for want of supply of oxygen but for some other reasons. He submitted that proper oxygen was already there to the requirement of the hospital and there was no scarcity of the same.

However, on a pointed query being made as to what was the exact stock in the hospital on the fateful day, the District Magistrate could not give any satisfactory reply. He also could not reply as to what was the cause of the deaths if it was not for want of oxygen.

"The District Magistrate, Meerut, in our considered view, has not conducted enquiry in the letter and spirit of the mandate contained in our order. He should have obtained specific information especially when judicial notice had been taken of the viralled news item and concrete material should have been placed before us as reply to our query.

We, accordingly, direct that the District Magistrate, Meerut shall hold a comprehensive investigation into the matter and will submit report to the Court again by personally appearing online on the next date fixed," the Court ordered.

Disposal of seized medical resources

On the last hearing, a suggestion was made to the Court for distribution of Remdesivir Injection and Oxygen cylinder, which are confiscated by the Police from illegal possessions, to district administration.

Today. The Division Bench directed all the concerned Magistrates in the entire State of Uttar Pradesh to immediately dispose of case properties like life-saving drugs namely Remdesivir, Oxygen cylinders and oximeters and such other related articles within a week of the case being instituted before them.

"We also direct the Director General of Police to immediately issue advisory to all the Senior Superintendents/ Superintendents of Police in the State to direct the concerned police officers who have seized or would seize in future such articles from illegal possessions, to immediately within 24 hours of such seizure, approach concerned Magistrates for the disposal of such property and in the event they approach the concerned Magistrate, he shall dispose of the case properties exercising power under Section 457 Cr.P.C. within three days thereafter in view of the current pandemic caused by Covid-19," it ordered.

No time to Relax

The Bench observed that things which were actually out of control have been now been somehow managed. It noted that that number of active cases in the State are declining and procurement/ production and supply management of oxygen had also of late been managed and is being streamlined.

"We have no reason to doubt that the gradual decline in active Covid cases had been due to restrictions imposed by the State Government on public movement and public activities in the State of U.P. and constructive efforts that are put in by the District Administration in various districts and the Police Administration of all these districts in ensuring that the restrictions as imposed by the State Government are honoured by the people," the Bench lauded.

However, it cautioned that this is no time to relax as a lot of action is still needed to be taken, more especially in the field of public health care, facility and overall public health infrastructure.

It has now directed the Additional Advocate General to apprise the Court on the next date fixed as to how the State Government is dealing with the surge of pandemic in rural and sub-urban areas and smaller cities of the State.

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

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