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The Gujarat High Court has set aside the order restraining a State-appointed Inquiry Commission from pronouncing its report in the unfortunate Rajkot Hospital fire incident.
The Division Bench observed, “When an incident, as shocking as this takes place, it is in the interest of the public at large, that the truth is ascertained as early as possible. Timely ascertainment of the truth is a part of the process of delivery of justice and is an important component for granting closure to the family members of the victims. Any delay in this regard and prolonging the entire process would only exacerbate their suffering.”
The current case pertains to an inquiry commission set up by the Gujarat Government to ascertain whether the fire incident at Shrey Hospital was a result of negligence or breach of duty on part of any authority. On August 6, 2020, a massive fire broke out in a designated Covid 19 Hospital in Ahmedabad, killing 8 patients in the Intensive Care Unit (ICU).
A Single Judge Bench of the High Court, last month, had restrained the Commission from disclosing its report until the disposal of a petition filed before it by the relatives of a few fire victims, seeking certified copies of the entire material collected by the Commission during the inquiry. They had also sought permission to visit the concerned hospital (which was sealed by the Ahmedabad Municipal Corporation) with a private photographer to carry out their personal investigation.
The Supreme Court had taken suo motu cognisance in the Rajkot hospital fire case in November last year and made certain observations regarding the Shrey Hospital fire too. The Bench said, “This is shocking! And let me say this is not the first incident. The Court takes suo motu cognisance of the incident that happened today where 6 persons in Rajkot died due to fire in a covid designated hospital, not the first incident. These incidents are repeated and we notice that no complete steps are being taken by states nor is there any mechanism to abrogate the situation.”
Subsequently, the state government had transferred the inquiry in the Shrey Hospital fire case to the retired Justice DA Mehta Commission from an inquiry panel headed by retired Justice KA Puj, reported The Indian Express. The DA Mehta Inquiry Commission was expected to conclude the inquiry by March 31.
The Shrey Hospital victim families in their plea before the single judge had sought the court’s direction to the Justice DA Mehta inquiry commission to provide the families with documents pertaining to the incident.
On March 30, the Division Bench of Chief Justice Vikram Nath and Justices Bhargav D Karia remarked, “The Indian ethos accords the highest importance to truth and this is reflected from our National Emblem which is inscribed with the phrase ‘Satyamev Jayate’. These words echo the sentiments of our society and form the very foundation of our way of life. In order to ensure that truth triumphs, it is the Judiciary that needs to play an active role, protecting those who seek the truth and ensuring that the truth seeking path is well lit and those who seek the truth can bravely push forward without any force to pull them back. That truth is the soul of justice and is the only guiding star in the entire judicial process, is a fact ingrained in our souls.”
The Division Bench further noted that the Single Judge erred in restraining the Commission from submitting its findings. “The petitioners’ rights were not being adjudicated by the Commission. The Commission was inquiring into the sequence of events leading to the event of fire at the Shrey Hospital; the adequacy of the fire safety measures at the hospital; to find out the negligence or breach of duty on part of any one or more authorities or individuals and to recommend suitable measures. No loss was to be suffered by the petitioners on submission of the said report. All other rights of the petitioners with respect to the loss of lives of their relatives are still available to them”, said the Bench.
The Gujarat High Court also said, “We neither find any prima facie case nor balance of convenience nor irreparable loss in favour of the petitioners which would have warranted passing of the injunction order…we are satisfied that the learned Single Judge fell in error in passing the injunction order.”
The order may be read here:
Related:
SC takes suo moto cognisance of Rajkot Covid Hospital fire
Shrey Hospital Fire: Four months on, no evidence yet!
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