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The family of nine Covid-19 victims who died in Jaipur Golden Hospital, have moved the Delhi High Court seeking a court monitored CBI SIT Investigation, seizure of important records, CCTV footage and also compensation to them.
According to a LiveLaw report, Advocate Utsav Bains for the petitioners said that the plea also prays for providing monthly sustenance allowance to the single parent, orphans or to the families who have lost their sole earning member due to inaction of the government and hospital authorities.
It reads, “…Inaction and failure to provide adequate supply of oxygen in spite of having knowledge that any shortage of oxygen would be fatal for the life of Covid patients and immediately cause their death, the respondents herein have rendered themselves not only liable to pay compensation to the families of the deceased victims but also for criminal prosecution.”
Union of India through Ministry of Health, Ministry of Home Affairs, Government of NCT of Delhi, Government of NCT of Delhi through the Health Department and Jaipur Golden Hospital have been made respondents in the matter.
The plea also states that the report dated May 2 submitted by a three-member committee of Delhi’s Health Department was ‘erroneous’, and that the cause of the death in the report was mentioned as respiratory failure for the reason that adequate oxygen supply was not given to the deceased patients on time.
“It is the case of the Hospital that when the oxygen supply did not come on time the deceased were put on oxygen cylinders, however, the requisite pressure was not there and due to the same, the patients died while suffocating for oxygen. The observation by the committee that the patients were receiving some form of oxygen therapy has been made to mislead the Hon’ble Court. The Committee did not examine the issue of demand and supply of oxygen to the Hospital”, states the plea, reported LiveLaw.
The family has prayed for quashing of this report and a fresh investigation by the CBI into the cause of the death of their family members.
The petition adds, “The accused had the knowledge being from the specific field and expertise that if supply of oxygen is interrupted to the patients, it would immediately without any iota of doubt cause their death. This full-fills the essential ingredient of Section 304 IPC, i.e., If the act is done with the knowledge that it is likely to cause death but without any intention to cause death or such bodily injury as is likely to cause death.”
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