Allahabad High Court Dismisses PIL For Prosecution Of Errant State Officials Whose Alleged Failure Resulted In Massive Covid-19 Deaths

The Lucknow Bench of the Allahabad High Court has dismissed a PIL seeking action against Government authorities, including CM Yogi Adityanath's 'Team-11' and other health authorities, for failing to provide adequate medical facilities amid the Covid-19 pandemic. Also Read: "UP Govt. Went Complacent Due To Weakening Of COVID Virus Impact By End Of 2020, Posterity Will Not Forgive Us If We Let People Die": Allahabad High Court A Division Bench comprising of Justices Ramesh Sinha and Rajeev Singh dismissed the plea as non-maintainable and granted liberty to the Petitioner to move an application before the Division Bench at Allahabad which is already seized with issues pertaining to Covid management in the State (In-Re Inhuman Condition At Quarantine Centres…). "The matter is sub-judice and this Court is monitoring the situation for which the petitioner has also prayed for relief…the present PIL requires no interference by this Court. It is, accordingly, dismissed on the ground of non-maintainability. However, the petitioner is at liberty to seek further redressal of his grievance, if any, by moving an appropriate application in the aforesaid P.I.L. No.574 of 2020, if so chooses," the order stated. The Petitioner had approached the High Court stating that he is aggrieved due to carelessness, mismanagement and denial of guarantee of the right to life under Article 21 of the Constitution of India by the Respondent-authorities. "The respondents are failed to cure the health and provide medical facilities to the last person of the State of U.P. and specially District of Lucknow. The respondents also failed to provide the medicines, oxygen, proper treatment, bed in hospitals, ventilators and many more services to the patients of current pandemic situations which caused a large number of deaths in State of U.P. and special in District Lucknow. In such circumstances the respondents are also liable to be prosecuted as they are responsible for present situation," the plea stated. Inter alia, it was prayed that a direction be made to the concerned authorities to provide essential medical services including oxygen, bed in hospital and other medical services. Further, compensate the families of deceased persons who died due to State's carelessness. During the hearing, Government counsel raised a preliminary objection regarding maintainability of the PIL. He submitted that the petitioner has not disclosed his credentials and locus for filing the present PIL and further that in case titled 'In-Re Inhuman Condition At Quarantine Centres…', a Coordinate Bench of the High Court at Allahabad has passed detailed directions in which grievance of the petitioner is being taken care of and the matter is still sub-judice. Also Read: 'No One Should Die For Want Of Oxygen': Allahabad High Court Issues Directions For Uninterrupted Supply The Court observed that the Petitioner has filed an affidavit with respect to the locus however, there was no satisfactorily reply with regard to the second leg of the issue raised by the State. Case Title: Pal Singh Yadav v. Union of India & Ors. Appearance: Advocates Prathma Singh and CS Pandey (for Petitioner); Senior Advocate/ASG SP Singh assisted by Advocate Pushpila Bisht (for Union of India); Additional Chief Standing Counsel HP Srivastava (for State) Click Here To Download OrderRead Order

Allahabad High Court Dismisses PIL For Prosecution Of Errant State Officials Whose Alleged Failure Resulted In Massive Covid-19 Deaths

Akshita Saxena

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