Anadi Tewari
In a strongly formulated order concerning the death of COVID-19 patients due to non-supply of oxygen to hospitals, the Allahabad High Court has observed that the authorities entrusted with the responsibility of procurement and supply of medical oxygen are committing severe criminal acts nothing less than genocide.
“15. We are at pain in observing that death of Covid patients just for non supplying of oxygen to the hospitals is a criminal act and not less than a genocide by those who have been entrusted the task to ensure continuous procurement and supply chain of the liquid medical oxygen, the division bench of Justices Ajit Kumar and Siddhartha Verma stated while strongly lambasting the Government of Uttar Pradesh and other State Authorities.
The Court also ordered an inquiry into incidents that occurred in Lucknow and Meerut that went viral on social media. The news that went viral was in regard to five patients who had died in ICU of a new trauma centre of Medical College, Meerut on Sunday last. Similarly, the Court also drew its perusal on the news of one Sun Hospital, Gomti Nagar, Lucknow and another private hospital at Meerut had taken their hands off the admitted Covid patients only for the reason that oxygen supply was not made even after demand.
“Stories of hoarding of oxygen cylinders and harassment meted out to those poor citizens who were begging for an oxygen cylinder to save the life of their near and dear ones, both at the end of district administration and police administration are being viralled in social media,” the Court noted.
“How can we let our people die in this way when science is so advanced that even heart transplantation and brain surgery are taking place these days,” the bench remarked taking note that these news items showing a quite contrary picture to one claimed by the Government that there was sufficient supply of oxygen. The District Magistrate, Lucknow and District Magistrate, Meerut are directed by the Court to enquire into the matter of such news items within 48 hours and submit their reports on the next date before the Court.
Importantly, an issue was raised in an application by one Utsav Mishra (3rd-year law student) that Remdesivir Injection and Oxygen cylinder which was widely in demand could have been released to the district administration and should not have been wasted in the name of case property.
“Remdesivir Injection was to be kept on a definite temperature so that it did not get expired and if it is kept at Malkhana, it would certainly expire. 19. Similarly, oxygen cylinder can also be put to use as it is in great demand. Oximeters that were confiscated, could also be distributed to the poor people and keeping all these articles in Malkhana would not be at all in public interest as it will all go wastage,” the applicant stated.
The Additional Advocate General assured the Court that he will take up the issue with the State Government so that proper disposal of the articles like oxygen cylinder, Remdesivir Injection and oximeter is done and is not waisted.
The matter is adjourned and is directed to come up again on 07th May 2021 at 11:00 AM.
Case: In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive v. State of U.P. [PUBLIC INTEREST LITIGATION (PIL) No. – 574 of 2020]
Click Here To Download The Order