Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea

State of Uttar Pradesh has approached Supreme Court seeking stay against Allahabad High Court's order in which the High Court had sought details from Additional Chief Secretary, Medical Health and Family Welfare of the SOP/Plan prepared by the State Government for all levels of Hospitals, i.e, District Hospitals, Community Health Centres and Primary Health Centres and status about the implementation of the SOP/Plan by Hospitals.Allahabad High Court passed several directions against the Government in a Habeas Corpus plea 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. Filed through Advocate on Record Vishnu Shankar Jain, the SLP stated that the High Court has passed a number of directions beyond the scope of Habeas Corpus petition and has passed strictures against the Senior Superintendent of TB Sapru Hospital Prayagraj and against the entire Hospital and District Police Authorities without any rhyme or reason. Averring that the patient admitted to the hospital is not a "detenue" and that writ of habeas corpus could not lie, the petitioners have averred that they took every step to search Respondent's father who was missing from Hospital since the morning of May 8, 2021. The SLP further contends that an enquiry was also instituted to find out the circumstances under which the person was missing and that even the police took every step to search for the missing person. Arguing that the High Court has enlarged its jurisdiction and scope of writ, the SLP also states that the High Court completely overlooked the hospital's ground realities during the corona period when a large number of patients were being admitted. To further substantiate their contention, petitioners in the SLP have argued that in a pandemic situation, the disaster management being controlled by medical staff and police could not be penalized if any patient went missing in such a situation. Reliance has been placed on the Top Court's judgement in State of Uttar Pradesh v Dr Manoj Kumar Sharma in which the Court had observed that, "High Court should not ordinarily direct the officers of the State to be personally present in the Court," to contend that the High Court on August 19, 2021 had directed personal presence of the Chief Medical Officer, Chief Medical Superintendent, District Magistrate and Superintendent of Police. "Officers waste their valuable time of duty if they have to attend the court and that affects the administrative work and in the present pandemic situation such presence causes serious hardships to the public at large," the SLP states. The petitioner in their SLP has also argued that the issues required to be decided by the High Court as involved in the writ have taken diversion in the shape of public interest litigation which was not at all within the scope of the Habeas Corpus petition. "The so called corpus neither has been detained illegally, nor he is in illegal detention, therefore orders passed in the Habeas Corpus Petition are totally taking diversion towards a public interest litigation," petition further states. In light of the above, the State in the SLP has also sought for expunging the adverse remarked passed by the High Court and setting aside the orders which are beyond the scope of Habeas Corpus petition. Case Before Allahabad High Court While hearing a Habeas Corpus plea 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 Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal on August 27, 2021 observed that, "We are constrained to observe that either the State Government has not yet prepared uniform SOPs for District Hospitals in Uttar Pradesh including T.B. Sapru Hospital, Prayagraj or deliberately the same has not been brought on record. It is unbelievable that the State Government, which is running a large number of Hospitals in the State of Uttar Pradesh, would not have any uniform SOPs or Plan for appropriate administration, management and security of the Hospitals." The Court, prima facie, observed that entire hospital as well as the police authorities were negligent and committed dereliction in their duties in the matter of tracing the corpus Ram Lal Yadav and noted that Doctors, as well as Staff of the Hospital, were well aware of the incident of missing of the corpus since the morning of May 8, 2021. Considering the facts and circumstances of the case, the Court directed that appropriate corrective measures be immediately taken to ensure improvement in working of the Hospitals, security and safety measure etc. The Court also directed the Director-General, Medical Health to file their personal affidavits clearly stating therein the standards...

Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea

Shruti Kakkar

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