Courts Update Delhi HC overrules LG objection to form committees for...

Delhi HC overrules LG objection to form committees for studying compensation to families of Covid dead

-

New Delhi Sept 22(ILNS): The Delhi High Court on Tuesday overruled the objections of the Lieutenant Governor of Delhi against the Constitution of a High-Powered Committee (HPC) by the Delhi Government for probing cases where deaths have been caused due to alleged shortage of medical oxygen supply during the second wave of Covid-19 pandemic in the national capital, was rejected.

The Division Bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with a plea seeking a direction to the Government to operationalize the Committee, in respect of which a stalemate is continuing on account of differences in opinion between the AAP-led Government and the L-G.

Senior Counsel Rahul Mehra and Advocate Gautam Narayan, representing the Delhi Government, assured the Bench that the Committee would not attribute any liability for any fault or negligence on part of any hospital. 

In addition, the Delhi Government stated that any compensation will be paid and absorbed by the Government alone; and further that the criteria for determining compensation will be open to scrutiny.

The Bench was further assured that the tasks of the Committee would not overlap with that of the sub-committee constituted by the Apex Court with regard to allocation and supply of medical oxygen and other related issues.

The Bench, in light of the submissions made, observed that it sees no difficulty in the constitution of the High Power Committee by the Delhi Government to discharge its assigned role.

Furthermore, the Bench, while stating that it was not necessary to await the order of the Apex Court with regard to the grant of ex-gratia compensation to the kins of persons who lost lives during the pandemic as fixed by the National Disaster Management Authority, made it clear that in case an amount greater than what is already being paid as ex-gratia is fixed by the NDMA, the same would also be payable to the victims. 

Additional Solicitor General Sanjay Jain, representing the Lieutenant Governor, urged the Bench to not pass any order in relation to the constitution of HPC; and to await the guidelines decided by the NDMA, in respect of grant of ex-gratia compensation, in pursuance of the Top Court’s order.

The Court opined that the committee appointed by the Supreme Court is looking at the issues at the macro level, while the HPC by the Delhi Government would look into the situation at the micro-level.   

A plea was filed through Advocates Yogesh Aggarwal and Kamal Jindal, by the widow of a 34-year old man who lost his life due to Covid-19 at a private hospital in Delhi. The plea stated that the husband of the petitioner did not suffer any other co-morbidities and that his discharge summary specifies cardiac arrest as the cause of death without mentioning any basic details. “The death summary and the discharge summary of the deceased seem to be a general one issued without adhering to and in complete contradiction of proper medical practice and instructions issued in respect of dealing with the Covid19 patients,” the plea claims.

The plea sought a direction to forthwith commence the functioning of the HPC proposed to be formed by the Delhi Government to examine cases where deaths were claimed to have occurred on account of deficiency or negligence on part of the government and its instrumentalities due to Covid-19 as also to decide the compensation to be awarded on a case-to-case basis./ILNS/KR/SNG

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Latest news

Delhi HC overrules LG objection to form committees for studying compensation to families of Covid dead

New Delhi Sept 22(ILNS): The Delhi High Court on Tuesday overruled the objections of the Lieutenant Governor...

Supreme Court denies relief to a man accused of raping minor

New Delhi Sept 21(ILNS): The Supreme Court today denied relief to a man accused in a rape...

Allahabad High Court denies bail to two UP Police officers in 2020 Bikru shootout case

Allahabad Sept 21(ILNS): The Allahabad High Court today denied bail to two UP Police officials, Sub Inspector...

Central Vista: Waqf Board moves Delhi HC to preserve waqf properties in the Redevelopment area, SG Mehta seeks week’s time

New Delhi Sept 21(ILNS): The Solicitor General Tushar Mehta today assured the Delhi High Court that he would seek instructions from...

Women cadets in NDA, INA: Centre assures an affidavit to allow women to appear for qualifying entrance exams from May 2022

New Delhi Sept 21(ILNS): The Union Government has filed an additional affidavit in the Supreme Court on...

Supreme Court reserves order in Kavitha Lankesh plea challenging Karnataka HC order quashing KCOCA charges against accused Mohan Nayak

New Delhi Sept 21(ILNS): The Supreme Court today has reserved its order in a plea filed by...

Must read

You might also likeRELATED
Recommended to you