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An application has been filed in the Delhi High Court seeking an early hearing in plea filed by the families of victims that lost their live at the Jaipur Golden Hospital seeking  a Court Monitored CBI SIT investigation into the case.

The plea seeks seizure of the CCTV footage and records of the Jaipur Golden Hospital from 23.04.2021 to 24.04.2021 with regard to demand and supply of medical oxygen to the Hospital and action against the erring officials of the Hospital.
The single Judge bench of Justice Rekha Palli had issued notice in the plea on June 4 listing the matter for next hearing on August 28.

The plea submits that "since incident took place on 23.04.2021 and one of the reliefs sought is relating to seizure of the CCTV footage and records of the Jaipur Golden Hospital, it is necessary and in the interest of justice that a direction in this regard be issued at the earliest so as to prevent any tempering or destruction of the evidence at the hands of the respondents. In these circumstances, it is in the interest of justice that the present Writ Petition be listed on an early date for hearing".

The plea filed by family members of 9 victims have  alleged that petitioners 1 to 8 have lost their parent due to inaction/failure to act of the respondent hospital (Jaipur Golden Hospital). In almost all of the reported cases, family members were continuously informed of improvement in their parent’s health. However, in between 23-24th April, there were as many as 21 deaths in the hospital due to shortage in supply of oxygen.

“Most of the Covid-19 victims were the sole earning members of the family and after their demise the families are struggling for their basic needs. Due to inaction and failure of the Respondents a large number of children have become orphans and there is no one to take care of them as during the current lockdown everyone is in financial crisis”, the plea states.

A three member Committee of the Delhi Government had submitted its report to the Court on 02-05-2021, where it said 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. The Report further recorded that many of the reported patients had one or multiple comorbidities. The Report finally concluded that there is lack of evidence suggestive of oxygen shortage and thus, the cause of death could not be ascertained.

It is the submission of the petitioners that the aforementioned report was erroneous and prepared only to favour the GNCTD.
“Report by the Committee is misleading and favouring Govt. of NCT of Delhi so as to save the respondents from any penal action as well as the rights of the petitioners to claim compensation. It is humbly submitted that the cause of death of the patients has to be investigated by CBI or an independent agency so that the truth can be brought to light and justice be given to the deceased persons and their families”, the plea adds.

Case Title: Erick Massey & Ors vs UOI and Ors