High Courts Weekly Roundup [May 3, 2021 To May 9, 2021]

Allahabad High Court 1. Non-Supply Of Oxygen Criminal Act, Not Less Than Genocide : Allahabad High Court Orders Enquiry Into COVID Deaths [In-Re Inhuman Condition At Quarantine Centres…] In a strongly worded order concerning death of Covid-19 patients due to shortage of Oxygen supply, a Division bench comprising of Justices Siddhartha Varma and Ajit Kumar stated that authorities responsible for procurement and supply of the gas are committing criminal acts. "We are at pain in observing that death of Covid patients just for non supplying of oxygen to the hospitals is a criminal act and not less than a genocide by those who have been entrusted the task to ensure continuous procurement and supply chain of the liquid medical oxygen," it observed. 2. Allahabad High Court Directs Lucknow DM To File ATR If Private Hospitals Created Unnecessary Panic On Oxygen Scarcity [In-Re Inhuman Condition At Quarantine Centres…] A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar sought response from the Lucknow DM with respect to two private hospital that claimed that several Covid-19 patients died in their premises due to shortage of Oxygen supply. It 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. 3. 'No One Is Safe Unless Every Individual Is Protected': Allahabad High Court Asks UP Govt To Take Expeditious Steps For Vaccine Procurement [In-Re Inhuman Condition At Quarantine Centres…] A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar asked the UP Government regarding steps taken by it to ensure sufficient availability of Covid-19 vaccine in the State so as to inoculate its population within 3-4 months. "We must remember that in the context of Covid-19 virus unless every individual is protected, no one is safe," it observed. It has directed the State Government to apprise the Court as to how it plans to procure vaccines from global market in an expeditious manner for said purpose. 4. Death Of Election Duty Staff Due To Covid-19: Allahabad High Court Seeks CCTV Footage Of Counting Areas [In-Re Inhuman Condition At Quarantine Centres…] In order to assess the culpability of Election Commission with respect to 135 people who succumbed to Covid-19 virus days after performing election duties in Uttar Pradesh, a Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar sought CCTV footage of the designated counting areas. "We make it clear that any slackness on the part of the Election Commission on this issue will not be tolerated," it observed. It directed the State Election Commission to produce before it the CCTV footage of the designated counting areas and centres both in the form of footage print and also Pen Drive by the next date fixed. Also Read: After Allahabad HC's Notice To SEC, UP Govt. Announces 30 Lakh Compensation For Families Of Polling Officers Who Succumbed To Covid-19 5. Allahabad HC Seeks Report On Treatment Given To Sitting High Court Judge VK Srivastava Who Succumbed To Covid-19 Last Week [In-Re Inhuman Condition At Quarantine Centres…] A Division Bench comprising of Justices Siddhartha Varma and Ajit Kumar sought response from the State health authorities about the treatment that was given to Justice VirendraKumar Srivastava, a sitting Judge of the High Court, who succumbed to COVID-19 virus last week. It directed Additional Advocate General Manish Goyal to file an affidavit bringing on record the treatment given to late Justice Srivastava, at the Ram Manohar Lohia Hospital in Lucknow, where he was initially admitted. The direction was made after the Bench was informed that Justice Srivastava was not taken care of until evening, and it was only when his condition deteriorated, he was placed on ventilator. The same night, he was shifted to Sanjay Gandhi Postgraduate Institute of Medical Sciences, Lucknow, where he was in ICU for five days and ultimately succumbed to the virus. Also Read: Covid-19: Bar Council of India Moves Supreme Court Seeking Appointment Of Nodal Authorities To Address Shortage Of Medical Frailties Faced By Legal Fraternity 6. Employees Of District Rural Development Agency Not Govt Employees But Rules For Compassionate Appointment Are Applicable To Them: Allahabad High Court [FB] [Kalyani Mehrotra v. State of UP & Ors.] A Full Bench of Justices Ramesh Sinha, Chandra Dhari Singh and Manish Mathur held that the provisions of compassionate appointment as contained under the UP Recruitment of Dependents of Government Servant Dying in 36 Harness Rules, 1974 are applicable upon employees of the District Rural Development Agency. It held thus in view of paragraph 2(9) of the Government Order dated March 17, 1994, which...

High Courts Weekly Roundup [May 3, 2021 To May 9, 2021]

Akshita Saxena

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