A petition by Advocate Utsav Bains, against the respondents Union of India through Ministry of Health, Ministry of Home Affairs, Government of NCT of Delhi, Government of NCT of Delhi through Health Department and Jaipur Golden Hospital has been filed in the Delhi High Court by the families of nine victims requesting a Court-monitored CBI SIT enquiry further into people who died on the 23rd and 24th of April at Jaipur Golden Hospital, seizing all crucial records and CCTV video, and compensation for such families. Further the request for monthly sustenance for single parents, orphans and to families who have lost members because of the authorities has been made.
The plea states that due to shortage of oxygen and failure by the hospital authorities to provide adequate supply of oxygen to the Covid patients even when they were aware of how dangerous it can be for people suffering and which could result in death, the respondents didn’t pay attention, they should be held liable and should pay the compensation fee which they have denied for the deceased victims and the criminal prosecution.
Stating that the report submitted by a three-member committee of NCT of Delhi's Health Department was erroneous, the plea avers that the cause of the death in the report was mentioned as respiratory failure by the doctors for the reason that proper oxygen supply was not given to the deceased on time.
The plea alleges that the three-member committee of the NCT of Delhi's Health Department produced an incorrect report, claiming that the cause of death in the report was listed as respiratory failure by the doctors because sufficient oxygen supply was not delivered to the dead-on time.
As a result, the following has been asserted:
When the oxygen supply did not arrive on time, the deceased were placed on oxygen cylinders, but the required pressure was not there, and as a result, the patients expired while struggling for oxygen. The committee's assessment that the patients were undergoing oxygen therapy was made in order to deceive the Hon'ble Court. And the committee has not examined the issue of demand of supply of the Hospital.
The plea seeks that the preceding report dated 2nd of May be annulled and that the CBI conducts a new inquiry into the cause of death of the petitioners' family members.
According to the plea the accused knew through their specialized area and experience that if the patients' oxygen supply was terminated, it would immediately and without a shadow of a doubt result in their death, and this fulfils the needs of Section 304 of IPC which states that if any act done with the knowledge that it is likely to cause death even without the intention to cause death or any bodily injury.
The petitioners have mentioned the following in their prayers:
- to grant any writ, order, or directive for a Court-monitored CBI SIT probe into the deaths that occurred in Respondent No.5 hospital on April23/24,2021, and to provide a timely report to this Hon'ble Court.
- release any writ, order, or instruction to take the Surveillance footage and other important information from Jaipur Golden Hospital, New Delhi, from April 23rd to April 24th, 2021.
- grant any injunction, order, or direction to reject the Government of the NCT of Delhi's Report of May2, 2021. (Three Members Committee Report).
- to impose any writ, order, or directive requiring the Respondents to compensate the victims' families for violations of their fundamental rights as mentioned under Article 21 of the Indian Constitution.
- Issue any writ, order, or direction directing the Respondents to pay a monthly sustenance allowance to single parents, orphans, or families who have lost bread earner due to the Respondents' actions.
- issue any writ, order or direction to the Respondents to initiate action against the erring officials responsible for non-supply of oxygen.
