Courts Update Allahabad High Court flays Prayagraj administration, local hospital on...

Allahabad High Court flays Prayagraj administration, local hospital on the disappearance of 82-year-old Covid-19 patient


Allahabad Aug 21(ILNS): The Allahabad High Court during the hearing of the case pertaining to the missing of a COVID Patient (82-year-old) on Thursday, rapped the Prayagraj District Administration, Police, and the TB Sapru Hospital administration Prayagraj.

The Division Bench comprising of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal passed this order while hearing a Habeas Corpus Writ Petition filed by Rahul Yadav.

In his personal affidavit, the Chief Medical Officer has stated that respondent no.3 i.e. the Chief Medical Superintendent, T.B. Sapru Hospital, Prayagraj, has administrative and financial control over the aforesaid Hospital i.e. Tej Bahadur Sapru Hospital, Prayagraj and he is under the direct control of the Director Medical Health. He has stated in his personal affidavit that as per the report submitted by the Chief Medical Superintendent T.B. Sapru Hospital, Prayagraj, dated August 18, 2021, the corpus, namely, Ram Lal Yadav, was missing from his bed of the hospital since the morning of May 08, 2021.

In the case, filing a personal affidavit the Superintendent of Police, Prayagraj has stated that the CCTV Cameras of Tej Bahadur Sapru Hospital were not found functional and as such the Chowki In-charge, Indu Verma, who visited Beli Hospital could not obtain C.C.T.V. Footage. He mentioned various efforts being made to trace the corpus.

He has also stated that the corpus Ram Lal Yadav was working as Junior Engineer in Electricity Department, New Delhi, and was staying there as he also has a house at New Delhi as told by people of his residential village in District Kaushambi to the team of two constables.

In his personal affidavit the District Magistrate, Prayagraj has stated that a fact-finding inquiry has been set up on August 18, 2021, appointing the City Magistrate, Prayagraj to enquire into the matter and submit a report within a week.

“It is a matter of serious concern that gross negligence has been prima facie shown by the Officers/Doctors/Staff of T.B. Sapru Hospital, Prayagraj. The facts stated by the Senior Superintendent of Police, Prayagraj, in his personal affidavit also indicate the apathetic condition of T.B. Sapru Hospital, Prayagraj, where even C.C.T.V. Cameras are nonfunctional. Undisputedly, the corpus was admitted to T.B. Sapru Hospital for treatment as he was tested corona positive. Neither the District Administration nor the Police nor the Hospital appears to be serious about the missing of the corpus although more than three months have passed since the missing report was registered on August 08, 2021”, the Court observed.

The Court held that this prima facie shows not only gross negligence and dereliction in duty by the Officers/Doctors/Staff of the TB Sapru Hospital, Prayagraj but also indicates total carelessness in treatment, look-after, and safety of COVID patients at T.B. Sapru Hospital, Prayagraj.

The Court stated that the matter requires the immediate attention of Principal Secretary, Medical Health, and the Principal Secretary Home, Uttar Pradesh for immediate action and response failing which this Court may consider calling for the personal presence of both the aforesaid Principal Secretaries/Additional Chief Secretaries.

“The State Government shall also immediately ensure that all infrastructure facilities and security equipment, safety and security measures of high standards be installed with inbuilt provisions of its regular maintenance and periodical audit. Report/plan in this regard shall also be placed before Court by the Principal Secretary /Additional Principal Secretary, Medical Health and the Principal Secretary/Additional Chief Secretary, Home on the next date fixed”, the Court ordered.

The Court directed the state government to ensure that before the next date is fixed the corpus may be traced and a report in this regard be placed before the High Court.

“Before the next date fixed the respondent no.3 i.e. the Chief Medical Superintendent T.B. Sapru Hospital, Prayagraj, shall also file a counter affidavit by means of his personal affidavit. On the next date fixed the respondents shall remain personally present before the Court”, the order said.

The Court has fixed the next hearing of the petition on August 27, 2021./ILNS/AP/SNG


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