The Allahabad High Court’s Division Bench comprised of Justice Siddhartha Varma and Justice Ajit Kumar while dealing with a Public Interest Litigation related to Covid-19 Cases in State of Uttar Pradesh has expressed its displeasure by stating entire medical system of the State is ‘Ram Bharose’.
The Court while hearing a matter related to Covid-19 patient who was missing from a District Hospital in Meerut has said,
“If this is the state of affairs of treatment at medical College in the city like Meerut then the entire medical system of the State pertaining to the smaller cities and villages can only be taken to be like a famous Hindi saying ‘Ram Bharose’.”
One Santosh Kumar aged about 64 years was admitted to Medical College, Meerut on a reference made by District Hospital, Ghaziabad and he was kept in isolation ward. One Dr. Tanishq Utkarsh was on duty at the time of his admission.
It was reported that said patient was missing from District Hospital, Meerut from 22nd April. The Court had directed the State Government to conduct enquiry and submit its report before the court. The State has brought on record the documents pertaining to the inquiry made.
It has come in the report submitted by three member committee that it was around 7- 8 p.m. of 22.04.2021 when the patient had gone to washroom, he fainted there.
Dr. Tulika who was a junior resident and was on night duty told the committee that Santosh Kumar, who was in fainted condition, was brought upon a stretcher and efforts were made to revive him, but he succumbed and by the time efforts were being made, the 8 morning team had arrived.
However, it was admitted that team incharge Dr. Anshu, who was on night duty, was not present. Dr. Tanishq Utkarsh got the body removed from the place and all efforts to identify the person went in vain. He could not trace out the file of the patient in isolation ward and even after counting the number of patients and file, the dead could not be identified. Thus, it was taken to be a case of unidentified body and even the team that was on night duty, could not recognize it and so the body was packed in a bag and was disposed of.
The Court has said that it is quite surprising that Dr. Tanishq Utkarsh and his team that was on duty at the time of admission of patient on 21.04.2021, he himself could not identify the person.
Considering the facts and records mentioned in reported submitted by the State Govt. the court has said that it is case of high degree carelessness on the part of the doctors who were on duty.
The Court while expressing its dissatisfaction with the way the State has dealt with this issue has said that,
“A patient is admitted to the hospital in an absolute care of doctors and paramedical staff and if the doctors and para medical staff adopt such casual approach and show carelessness in the performance of their duty, then it is a case of serious misconduct because it is something like playing with the lives of innocent people.”
The Court has directed the State Government to take stringent action against responsible persons. And compensate the dependents who have suffered the irreparable loss because of such carelessness.
The Court has also directed the Additional Chief Secretary (Medical and Health), Government of U.P. to file an affidavit fixing responsibility in the matter and affidavit shall also be filed on behalf of the Chief Secretary as to what is the stand of the Government and how it intends to compensate the dependents of the deceased within one week.
The present matter has been listed on 22nd May, 2021 by Court for next hearing.
Case Details:
Case: - PUBLIC INTEREST LITIGATION (PIL) No. - 574 of 2020
Petitioner: - In-Re Inhuman Condition At Quarantine Centres And For Providing Better Treatment To Corona Positive
Respondent: - State of U.P.
Counsel for Petitioner: - Gaurav Kumar Gaur, Abhinav Gaur and others.
Counsel for Respondent:- C.S.C., Arun Kumar, Ashish Mishra and others.
Bench: Justice Siddhartha Varma and Justice Ajit Kumar
Read Order:
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