UP Govt In Habit To Not Comply With Directions Unless Contempt Is Initiated: Supreme Court On State's Appeal Against Summons Of Top Officials

"You don't comply with directions, last minute when contempt is sought you come. It is the habit of your state!" the Chief Justice of India NV Ramana said while addressing the Additional Advocate General appearing for the State of UP.  

It may be noted that a habeas corpus petition was filed by the person's son before the Allahabad High Court seeking his release from the hospital's custody. The High Court on 25th April directed the state officials to produce the man before the Court on 6 May failing which, the state officers were to remain personally present before the Court.

Against that order, the State of UP and the 8 state officers filed the present special leave petition.

A bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli today issued notice on state's petition and stayed further proceedings before the High Court.

The bench directed the state to pay an amount of Rs 50,000 to the respondents as an initial amount to cover the litigation expenses and enable them to appear before the Supreme Court.

Courtroom Exchange:

During the hearing, AAG Garima Prashad appearing for the State of UP submitted that the State is in a difficulty as while the High Court has passed orders directing the state to produce the corpus but the corpus is a missing person.

"How can he be missing? His oxygen was 82, he was unable to walk! He was in the hospital. Where will the body go?" Justice Krishna Murari remarked

With regard to the High court's direction asking the state officials to be present before the Court, the CJI suggested that since the case is already before the High Court, the state may file an application before the High Court praying to dispense with the appearance.

Referring to the High Court's previous orders, the AAG submitted that the High Court recorded that no conclusive evidence is available to conclude if the person is alive.

"It has been one year he's been missing. Imagine the family's desperation. Look at agony of family," Justice Hima Kohli said

The AAG responded saying that the state has taken all possible steps in the present case.

"Please see the extent of steps taken by state. We even explored the possibility of his body was in other bodies cremated. At the hospital, since last examination his vitals were proper" AAG said

"That means he vanished into thin air!" Justice Krishna Murari remarked

The AAG further submitted that the State has taken action against all officers, doctors have been suspended, nurses have been removed, and disciplinary proceedings have been initiated against those responsible. She added that the State has been filing personal affidavits of highest officers for the last one year. 

In response to the court's query if the some compensation is being given to the person's family, the AAG said that the State will be willing to pay compensation as the court may direct.

"You yourself are doing nothing," Justice Kohli remarked

"Why should they come all the way to SC?" the CJI said

The bench was considering a special leave petition filed by State of UP against Allahabad High Court's order passed in a habeas corpus petition directing the state officials to produce the corpus before the Court on 6 May failing which, the state officers were to remain personally present before the Court.

Therefore 8 of the present Petitioners namely the Principal Secretary, Additional Chief Secretary (Home); Additional Chief Secretary (Medical & Health); Director General, Medical and Health; District Magistrate, Senior Superintendent of Police, Chief Medical Officer of Prayagraj; and Chief Medical Superintendent of the Hospital were directed to produce "the corpus" Shri Ram Lal Yadav, else remain personally present in court.

The State in its SLP filed through Advocate Ruchira Goel argued that the High Court failed to consider that the tragic incident occurred in May 2021, during the peak of the second wave of the Covid-19 Pandemic, when hospitals and health care providers were overstretched, and health care and other essential services providers were working under great stress.

Further, the state has argued that the High Court did not consider that as soon as as the State authorities were informed of Mr. Yadav going missing they have taken all possible and best efforts to trace his whereabouts.

It has been stated that various steps have been taken, including the formation of two SITs which has undertaken a detailed and thorough investigation, constant monitoring of progress by the ACS Home himself, the institution of fact finding Inquiry, and extensive outreach through social and conventional media.

Background:

A Habeas Corpus Writ Petition was filed before the High Court in May last year seeking the release of an 82-year-old man from the custody of TB Sapru Hospital in Prayagraj, where he was admitted for treatment of Covid-19 but purportedly went missing.

The petition had been filed by one Raul Yadav through Advocates Anuj Saxena and Prakash Sharma, seeking the release of his father Ram Lal Yadav who has allegedly been missing from the said Hospital since May 8, 2021.

It was the Petitioner's case that his father was admitted to TB Sapru Hospital on May 4 after testing for Covid-19. On May 6, the Petitioner himself tested positive and was recommended home isolation. The next day, he was informed by the Hospital authorities that his father is being shifted to Trauma Center due to a sharp decline in Oxygen levels, and to his utter shock, on May 8, he was informed by the Hospital authorities that his father is missing.

It may be noted that earlier, on April 7, the Allahabad High Court had directed the Uttar Pradesh Government to produce the 82-year-old man after taking a serious view of this matter and had directed the respondents to produce the corpus on the next date fixed, failing which, the Court had added thus:

"...this Court may consider calling for the personal presence of all the concerned respondents and may also consider to impose exemplary costs considering the facts and circumstances of the case."

However, on April 25, the Additional Advocate General could only state the seized hard disc drives of the CCTV camera installed at T.B. Sapru Hospital, Prayagraj, between the duration when he went missing had been sent for examination to the Forensic Science Laboratory on April 19, 2022, for retrieving data from the aforesaid hard disc, and the report was still awaited.