New Delhi [India], August 23 (ANI): The Delhi High Court on Monday granted more time to the Centre and Delhi government to file a reply on a petition seeking court-monitored Central Bureau of Investigation (CBI) or Special Investigation Team (SIT) investigation into the deaths of COVID-19 patients at Jaipur Golden Hospital in April, allegedly due to oxygen shortage.
The petition was filed by family members of nine victims through Advocate Utsav Bains.
Justice Rekha Palli listed the matter for further hearing on December 9.
Counsels appearing for the Centre and Delhi Government sought time to file counter affidavit on the petition seeking court-monitored CBI probe in deaths at Jaipur Golden Hospital on April 23 and 24.
The petitioners have sought direction for a court-monitored CBI or SIT investigation into the deaths that took place in the respondent hospital on April 23 and April 24 and submit a report to the Court in a time-bound manner.
The petition sought to seize the CCTV footage and other important records from April 23, 2021, to April 24, 2021, of Jaipur Golden Hospital, New Delhi and quash the report dated May 02, 2021, submitted by the Government of NCT of Delhi (three-member committee report).
The petition also sought to compensate the families of the victims for violation of their fundamental rights guaranteed under Article 21 of the Constitution of India and to provide monthly sustenance allowance to the single parent, orphans or to the families who have lost their earning members due to inaction of the Respondents.
It also sought direction to the Respondents to initiate action against the erring officials responsible for non-supply of oxygen.
"In the present case, the petitioners herein are the dependent/family members of deceased victims who have lost their lives in the intervening night of April 23-24 due to failure to provide Oxygen by the respondents. The unfortunate incident of death of the family members of the petitioners took place due to deliberate inaction and failure of the Respondents to provide adequate oxygen to the patients of Covid-19 having knowledge that any shortage of oxygen supply would cause the immediate death of the patients," read the petition.
The petitioner has submitted that inaction and failure to provide an adequate supply of oxygen in spite of having knowledge that any shortage of oxygen would be fatal for the life of COVID patients and immediately cause their death, the respondents have rendered themselves not only liable to pay compensation to the families of the deceased victims but also for criminal prosecution.
The petitioner submitted that the Report prepared by the Committee is erroneous and has been prepared in order to favour the Govt of Delhi. The petitioner further submitted that the cause of the death of the deceased has been mentioned as a respiratory failure by the doctors for the reason that proper oxygen supply was not given to the deceased on time.
"It is the case of the hospital that when the oxygen supply did not come on time the deceased were put on oxygen cylinders, however, the requisite pressure was not there and due to the same, the patients died while suffocating for oxygen," the petitioner said in its plea.
The observation by the committee that the patients were receiving some form of oxygen therapy has been made to mislead the Court.
The Committee did not examine the issue of demand and supply of oxygen to the Hospital and also has not taken statements by families of victims on record, " said the petition.
According to the petition, on May 2, the three members committee prepared its report and submitted the same to the Court. As per the report, the patients who died due to shortage of oxygen as per the claims of the Jaipur Golden Hospital were receiving some form of oxygen therapy and ventilatory supports and there was no mention of shortage of oxygen in any of the case sheets though the reason of death in all 21 cases was mentioned as respiratory failure in the proforma submitted by the Hospital.
As per the petition, the committee report further recorded that many of the reported patients had one or multiple comorbidities and the report finally concluded that there is a lack of evidence suggestive of oxygen shortage and thus, the cause of death could not be ascertained. (ANI)