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Delhi High Court recently issued notice in a plea seeking independent investigation by a Court monitored CBI SIT into the deaths that took place in Jaipur Golden Hospital, between April 23 & April 24.

Prayer has inter alia sought issuance of a writ, order or direction to secure the records of hospital, reflecting demand and supply of Medical Oxygen, compensation to bereaved families and quashing of report dated May 2, submitted by the Delhi Government reflecting the lack of evidence suggestive of oxygen shortage.

It is 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.

Reliance is also placed on the Delhi High Court order dated 27-04-2021, where the GNCTD was directed to file a report on number of deaths due to Oxygen shortage.

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.

Grounds inter-alia preferred by the petitioners:

1. Inaction and failure to provide adequate supply of oxygen in spite of having knowledge that shortage of supply would cause the death of Covid-19 patients, make the respondents liable not only to pay compensation to the families of deceased victims but also liable u/s 304 IPC and thus strict action must be taken against them.
2. Petitioners and many such other persons have lost their sole earning member and are left with no means of sustenance. In these circumstances, the petitioners herein are entitled for compensation and as an immediate measure, entitled to be paid monthly amount for their sustenance.
3. The present case is not a case where the patients succumbed to co-morbidities; “It is humbly submitted that all victims were being treated for covid-19 only and did not have any other serious ailments and have died due to shortage of oxygen and due to inaction of the Respondents.”
4. There was no reason and need for the hospital to come before this Hon’ble Court on 24.04.2021 itself and make a mention that 21 persons died due to shortage of oxygen and sought a direction for proper supply so as to avoid any untoward incident in future if the cause of death was otherwise
5. 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.

Petition has been moved by Advocate Utsav Bains.