The High Court of Delhi has suggested that the Death Audit Committee and Delhi Govt. should publish the data supplied by the Govt & private hospitals in Delhi only after proper analysis.
A division bench of Chief Justice DN Patel & Justice Prateek Jalan also suggested that the data should be maintained properly by the Death Audit Committee of experts & by the Govt of NCT Delhi.
In an Order, the Court said that "We expect from the Death Audit Committee and the respondents that they will publish the data only after proper analysis of the data supplied by the Central Government-run hospitals, Delhi government-run hospitals & private hospitals in Delhi".
The HC also suggested the petitioner that if necessary, the petitioner may agitate its grievances at a subsequent stage with proper supporting material.
With these observations, the HC disposed of the plea filed by All India Lawyer's Union through Advocate Fidel Sebastian.
The Court was hearing a plea alleging that Delhi Govt was deliberately underplaying the extent of the pandemic resulting from the COVID virus by, amongst other things, establishing a committee which screens reports from hospitals treating COVID patients.
The Court noted that the whole case of the petitioner is based upon presumptions & surmises as the same has been filed on the basis of newspaper reports without any proper research.
The Court said, it further appeared that on the basis of the guidelines issued by the Central Govt, the data is being collected from the hospitals in a proper format".
It said that "It also appears that the respondents have constituted a Death Audit Committee on 20th April, 2020 for auditing the data in question received from different hospitals in Delhi & thereafter publish the same, as stated hereinabove. There is no doubt that the members of the Committee are experts in their subject & field".
It said that there seems to be no arbitrariness or discrimination being done nor is there are any material to show false fabrication of data in question being published by the respondents.
Delhi Govt standing counsel Rahul Mehra said that the data relating to COVID-19 deaths have to be reported by all Central Govt-run hospitals, Delhi Govt run hospitals & private gospitals in Delhi in a tabular form.
Rahul Mehra said that on the basis of this data & also looking at the guidelines issued by the Centre, Death Audit Committee is publishing the figure of deaths occurred due to COVID-19.
"Thus, the Death Audit Committee has been following the said guidelines of the Central government in full letter & spirit & no arbitrariness or discrimination is being done by the respondents while publishing the data in question," Mehra said asking the Court not to entertain the petition at this stage.
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