Orissa HC Directs State To Expedite Investigation Into Death Of Kidney Patient Who Was Allegedly Denied Treatment By Private Hospital On Religious Grounds [Read Order]

Lawyer-activist Azra Jamal had approached the High Court seeking apposite action against the Shanti Nursing Home in Cuttack, which refused to treat a kidney-patient namely Sayed Abdul Hasan leading to his death on April 10.

The hospital had allegedly denied him admission into the hospital in wake of the Talibaghi Jamat incident, and sought for production of "COVID-19 test certificate" to allow him dialysis faculty in the hospital.

The Petitioner had argued that appropriate action must be taken against the errant hospital and the State Government should be directed to ensure that Health/ Medical services by the public hospital as well as private hospitals and nursing homes are made available to every patient irrespective of caste, creed, colour, sex and religion.

After a submission made by the Advocate General that the grievance of the Petitioner was being enquired into by the Collector, Cuttack, the High Court disposed of the petition with a direction to expedite the investigation.

"We dispose of this writ petition with the direction to the Collector to enquire into the matter expeditiously and submit a report to the State Government to do the needful," a division bench of Justice S. Pujahari and Justice KR Mohapatra directed.

The Advocate General had also assured that the State would make certain that no one is deprived of treatment in any hospital of Government or private on any of the ground stated.

On this aspect the bench ruled,

"The State shall also ensure that no person is denied treatment of any ailment by any hospital of Government or private, if such facility is available with the hospital or if not available to refer him to appropriate hospital where such facility is available. However, such treatment must be guided by the guidelines/instruction given in the wake of Covid-19 pandemic by the State Government."

Case Details:

Case Title: Azra Jamal v. State of Odisha

Case No.: WP (C) No. 11172/2020

Quorum: Justice S. Pujahari and Justice KR Mohapatra

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