Allahabad HC dismisses PIL seeking judicial probe into death of 63 Children at a Gorakhpur Hospital in 2017

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Synopsis

Many children died at the state-run BRD Medical College hospital in Gorakhpur in 2017 allegedly due to infections and disruption of oxygen supply in the pediatrics ward. However, the district administration denied accusations of oxgen supply shortage. 

A batch of Public Interest Litigations pertaining to the incident of death of 63 children at Baba Raghav Das Medical College, Gorakhpur in 2017 has been recently dismissed by the Allahabad High Court. 

The bench of Chief Justice Rajesh Bindal and Justice JJ Munir passed the order in the PIL pleas, which essentially sought a judicial probe, observing:

"Learned counsel for the State submitted that the matter was inquired into and report dated August 18, 2017 was submitted. The guilty doctors and staff were punished and further, proper corrective measures have been taken in all the hospitals to upgrade the medical
facilities available. These have further been supplemented on account of COVID-19 pandemic."

In view of the submissions made by the state counsel, the court held that the relief sought in the writ petition had become infructuous and accordingly dismissed the pleas. 

It is to be noted that in November 2021, the Uttar Pradesh government terminated the services of Dr. Kafeel Ahmad Khan, who was allegedly in-charge of the ward where the tragedy had taken place in August 2017. However, the termination has been stayed by the Allahabad High Court. 

Case Title: Lokesh Kumar Khurana and others v. Union of India and others with connected matters