Even as the DA Mehta Inquiry Commission report was tabled in the Gujarat Assembly, families of three of the eight people killed in the fire that broke out in the Intensive Care Unit (ICU) of Shrey Hospital in Ahmedabad on the night of August 6, 2020, have moved court demanding that investigation be transferred to the Central Bureau of Investigation (CBI). The patients were all recovering from Covid and died when the fir broke out around 3 A.M, allegedly due to a short circuit.

Concerns have been raised about the alleged absence of fire-fighting equipment, missing CCTV footage and there are even allegations that no doctors or medical care personnel were present in the ICU at the time of the incident. But the most curious element remains that matter of the missing mobile phones of the victims.

Now, the families of three victims have moved a petition before the Gujarat High Court saying that Ahmedabad Police have failed to investigate crucial pieces of evidence and therefore the probe needs to be moved out of their hands and given to an independent investigative agency.

One of the main points raised pertains to mobile phones. The petition says, “The fact remains that the mobile phones of a few victims were in working condition even the day after the fire because the staff of the hospital were more interested in stealing belongings of the patients rather than saving them. The police did not even try to ascertain the mobile locations and call details despite several representations made by the family members of the deceased.”

The petitioners also alleged that the mobile phones may have been taken away much before the fire broke out so that patients could not inform their families about it. It is also alleged that a particular medicine was administered to that rendered the unconscious, thereby making a case for planned murder, an angle they say the police failed to investigate.

The petition says, “The eight patients in the ICU were apparently administered a medicine called Trofentyl 50 10 ML 2 on August 5, 2020. This medicine takes patients into deep sleep and makes them semi-conscious, and is used as an anesthetic agent for short surgical procedures. This medicine should not be used for mild pain. Only three patients were on ventilator as per records.” It further alleges, “However, it appears that the patients who were not on ventilator were also administered this medicine only on the previous day and never before that. The possibility of a well-planned murder has not been investigated by the police. The police have not investigated why this medicine was administered on the evening of August 5 alone? The reason could be the hospital knew about this well-planned incident and ensured that the patients did not wake up.”

The Gujarat HC has issued notice to the state government and the matter is posted for hearing on October 14.

Curious case of the missing mobile phones

SabrangIndia has previously reported on how the mobile phones of the deceased, who were all being treated for Covid, went missing mysteriously on the night of the fire.

In a representation to the Assistant Commissioner of Police, A Division, Ahmedabad City, Rajesh Shah, the son of the deceased Lilavatiben Shah says, “It would also be crucially important to inform you that on 6 th August 2020 at 7:22 am I made a call on the mobile phone (Micromax) number ********** which was with my Late mother until the night of 5 th August 2020, however, nobody responded. When I called up on the same number at 7:27 am, the phone was shockingly switched off. I thereafter received a call from the mobile phone (Micromax) number belonging to my mother Late Smt. Lilavatiben Shah having number – ********** at 1:17 pm and my phone rang 4 times. However, since I missed the phone call from my Late mother’s mobile phone, I immediately called back on her number at 1:18 pm which was answered by a lady from an area in Ahmedabad named Bapunagar. Upon enquiring as to how did she get possession of the mobile phone belonging to my Late mother which was in the ICU ward with my Late mother, I was informed that the lady who answered the phone call is mother of a lady named Manisha who works at Shrey Hospital and that she was given the mobile phone by Manisha. The lady further threatened me not to call on the mobile phone and that she will be deleting the details from my Late mother’s mobile phone, which admittedly did not belong to her, and proceeded to disconnect the phone. Thereafter, I tried to call on the said mobile phone on 11 th August 2020 at 10.13 am, 3.43 pm and 3.50 pm but the phone could not connect.”

At that time, speaking to SabrangIndia Shah had said, “The investigation has not been proper and we are still waiting for answers. This incident has taken a heavy emotional toll on the entire family.”

Advocate Suhel Tirmizi, whose wife Ayesha perished in the fire, also had a curious experience where his wife’s phone appeared to have remained intact, hours after the fire. He told SabrangIndia, “I had sent her a video message at 5:30 A.M. and it showed that it was delivered. Now if the victims died of 80 percent burns, how did their phones not get damaged?”

Advocate Tirmizi has also filed a representation to the Additional Commissioner of Police where he elaborates on the same point. He says that “despite the entire ICU Ward at Shrey Hospital being reduced to ashes pursuant to a fire breaking out at 3:03am on 6 th August 2020, the mobile phone being Moto G5 (cream / golden in colour) (IMEI 1 No.xxxx & IMEI 2 No.: xxxx) bearing No. xxxxxxxxxx belonging to my wife Late Mrs. Ayshaben Tirmizi was in working condition since messages could be delivered on the said phone even after the incident and infact, calls could be made and the said mobile phone was ringing till around 4:00 p.m. on 7 th August 2020, i.e. almost 36 hours after the incident.”

DA Mehta inquiry commission findings

(Retd.) Justice DA Mehta has been heading probes into various fires that have broken out in Covid-care hospitals in not only Ahmedabad, but also Bharuch and Rajkot. It has held both, Shrey Hospital owner Bharat Mahant as well as the state government responsible for the fatal inferno. While holding Mahant guilty of negligence and failing to adhere to fire safety norms, it came down hard on the government for outsourcing critical functions and regularizing unauthorized constructions. “The state government needs to understand that in every sphere of governance, outsourcing of employees is not only detrimental to an effective and efficient government, but it creates a situation, a culture which yields negative results by way of outright poor performance,” said the report. On the subject of relarising unauthorized constructions it said, “A serious relook at the policy of regularisation of unauthorized construction is required to be undertaken. More specifically in the case of nursing homes and hospitals which would include maternity homes and other specialised medical and surgical care units. Otherwise, the state government would fail in its duty to take care of the lives of its citizens,” adding, “If unauthorised construction in and out of Shrey hospital premises would not have been regularised, the fatalities which took place in night of 5/6 August, 2020 could have been avoided.”

Related:

Shrey Hospital Fire: The curious case of the missing phones
Gujarat: 18 Covid patients killed in Bharuch hospital fire!
Another fatal inferno in Gujarat Covid hospital!
8 killed in Ahmedabad Covid-19 Hospital Fire 

The post Shrey Hospital Fire: Victims’ families move court demanding CBI inquiry appeared first on SabrangIndia.

Families of people who perished in the fire that broke out in the ICU of Shrey Hospital, a Covid-19 care facility in Ahmedabad last month, are now demanding a CBI inquiry into the incident. The fire was reportedly the result of a short circuit, but the families now suspect foul play. Moreover, they are disappointed with not just the investigation, but also how milder sections of the law have been applied in the matter.

Advocate Suhel Tirmizi who lost his wife Ayesha in the incident says, “The charges against the perpetrators were not serious enough. They were just booked under 304 A of the IPC instead of 304.”

Four days after the fire broke out, FIR bearing No. 11191036200654 was registered on August 10 at Navrangpura Police Station, Ahmedabad for offences under sections 304A (causing death by negligence not amounting to murder), 336 (rash and negligent act endangering human life), 337 (causing hurt to any person by negligent or rash act as to endanger human life) and 338 (causing grievous hurt by act endangering human life) of the Indian Penal Code.

Section 304 A deals with causing death by negligence and says, “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

It is therefore a milder section of the law than Section 304 that deals with culpable homicide not amounting to murder. According to this section, “Whoever commits culpable homicide not amounting to murder shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death, or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.”

The punishment under Section 304 A is also just up to two years which is a mere slap on the wrists, as compared to a more stringent punishment under Section 304.

“When students at a coaching centre in Taxila Arcade in Surat died in a fire, police charged the perpetrator with Section 304. How can they treat this fire at a hospital ICU less seriously,” asks Advocate Tirmizi. He says there are many aspects of the case that the police have failed to address in their investigations so far.

“Three out of four CCTV cameras were not functioning, and the one that was, its view was blocked by an opaque curtain. Moreover, fire-fighting equipment was neither available in the ICU, nor were staff trained to handle it. Finally, mobile phones of patients miraculously survived a fire that left people dead with over 80 percent burns, some were ringing even afterwards. This suggests they were removed from the ICU, maybe to prevent the patients from calling anyone for help during the fire, or maybe someone stole them. Either way, this happened when the people and their property like phones were inside the hospital and thus their safety was the hospital’s responsibility,” says Advocate Tirmizi. “Moreover, why didn’t anyone from the hospital call me and inform me? The doctor in charge had my number and regularly texted me. But on that day, even though the fire broke out at 3:30 A.M, I had to find out from the family of another patient who was being shifted to a different hospital,” he says.

 “At this point I don’t want to speculate on who was behind it or what their motive was, I just want a thorough investigation by the CBI because the police appear to have overlooked all these key issues crucial to the investigation. I also want proper charges to be filed,” says Advocate Tirmizi.

He also feels that the hospital authorities are reluctant to accept responsibility. “The incident took place on August 6 and the FIR was filed on August 10 and it was the trustee who was arrested initially. At that time, he didn’t say anything about the two class four employees who were responsible for taking care of ICU patients. This is very curious that he didn’t immediately name the people responsible? Are they being made scapegoats,” he asks. On August 10, trustee and administrator Bharat Mahant was arrested and subsequently released on bail. On August 21, Babu Ahir and Mahesh Odedara were arrested after the hospital said that the safety of the ICU inmates was their responsibility.

The matter of phones has also been raised by family members of victims, some of whom have now sent representations to the police highlighting issues that need a closer look. In a representation to the Assistant Commissioner of Police, A Division, Ahmedabad City, Rajesh Sha, the son of the deceased Lilavatiben Shah says, “It would also be crucially important to inform you that on 6 th August 2020 at 7:22 am I made a call on the mobile phone (Micromax) number ********** which was with my Late mother until the night of 5 th August 2020, however, nobody responded. When I called up on the same number at 7:27 am, the phone was switched shockingly switched off. I thereafter received a call from the mobile phone (Micromax) number belonging to my mother Late Smt. Lilavatiben Shah having number – 8866029454 at 1:17 pm and my phone rang 4 times. However, since I missed the phone call from my Late mother’s mobile phone, I immediately called back on her number at 1:18 pm which was answered by a lady from an area in Ahmedabad named Bapunagar. Upon enquiring as to how did she get possession of the mobile phone belonging to my Late mother which was in the ICU ward with my Late mother, I was informed that the lady who answered the phone call is mother of a lady named Manisha who works at Shrey Hospital and that she was given the mobile phone by Manisha. The lady further threatened me not to call on the mobile phone and that she will be deleting the details from my Late mother’s mobile phone, which admittedly did not belong to her, and proceeded to disconnect the phone. Thereafter, I tried to call on the said mobile phone on 11 th August 2020 at 10.13 am, 3.43 pm and 3.50 pm but the phone could not connect.”

Shah has added screen grabs of the call log and submitted it to the police asking that the phone be retrieved and returned. Shah also demands that his representation be treated as a formal complaint and asked for certified copies of the Investigation Report, FSL report and the Spot Panchnama.

A copy of the FIR may be read here:

Related:

8 killed in Ahmedabad Covid-19 Hospital Fire 
Ayesha Tirmizi was recovering when her life was cut short

The post Shrey Hospital case: Victims’ families demand CBI inquiry appeared first on SabrangIndia.

pic used for representational purposes only (pic from newsclick.in)
 

Manjur Alam, who had been posted at Reserve Lines, Imphal East as Police Constable, was suspended on March 12 after the police found his phone number and a photo on the phone of dreaded extortionist and kidnapper Thockchom Nando, who was the alleged mastermind of rape and murder of L Elizabeth, an 8-year-old girl, in 2003. Nando had been brought in for treatment to the Jawaharlal Nehru Institute of Medical Sciences in November 2018 for treatment for spinal injury. On March 25, he escaped the hospital following which the police launched a statewide search. Manjul Ahmed was arrested in this regard and sent to remand at the Porompat Police Station in Imphal on March 27. On March 30, he was brought to JNIMS where he was declared dead upon arrival.

The sudden death of the 34-year-old policeman who was in perfect shape and had been serving duty until two weeks ago has raised severe doubts over the actions of the police. A Joint Action Committee set up in support of Ahmed said this was a clear case of murder. “How can a fit person die in three days in remand? What did the police do to him? It is clear that the interrogation methods used on him proved to be fatal,” said  Miraj Shah Kori, a member of the JAC. “Also, it must be questioned how a person like Nando had a phone to begin with. How was that allowed? And why did the police not arrest other people whose phone numbers were on his contact list? Why only Manjur?” he asked. “A dreaded criminal like Nando was given a fair trial so why wasn’t Manjur given the same chance?” he questioned.

What makes the murder even more murky is that the police blamed Manjur for helping Nando escape, even though Manjur was under suspension when Nando escaped. In fact, only yesterday the police have arrested 10 people in connection with the escape of Nando. Shah, however, says that this is immaterial now. “Manjur was a dedicated person and had been facilitated by the authorities in December for his work. Even if he was at fault, how can anyone justify murdering him? There is a law in place so why not take that course? If he was guilty, punish him. But he was killed by the authorities instead,” said Kori.

The Joint Action Committee has demanded a CBI inquiry into the issue and the arrest of the guilty police personnel. They have also asked to ensure that the police investigate the matter of Nando’s escape with utmost seriousness and ensure that the guilty are arrested. Meanwhile, the Court has issued a non-bailable warrant against Nando.

On April 1, the JAC organised a sit-in protest at the main gate of Yairipok Azad Hr Sec School against the death of Md Manjur Ahmed.
Speaking to the media persons, Sajida (younger sister of Manjur) said that she was serving breakfast to her brother on March 27 when one of the police personnel took him for interrogation. Three days later, the police handed over the dead body of her brother.

Courtesy: Two Circle
 

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