The Allahabad High Court came down heavily on the District Administration of Prayagraj, Uttar Pradesh Police and the TB Sapru Hospital, over a 82-year-old Covid-19 patient, who got admitted to the hospital for treatment of Covid-19 and suddenly disappeared.
The Division Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agrawal said on Thursday 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. They were hearing a Habeas Corpus Writ Petition filed by Rahul Yadav.
“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 CCTV cameras are non-functional. Undisputedly, the corpus was admitted in T.B. Sapru Hospital for treatment, as he tested positive for Novel Coronavirus. Neither the District Administration, nor the Police or 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 8, 2021,” the Court observed.
In his personal affidavit, the Chief Medical Officer had stated that respondent no 3 (Chief Medical Superintendent, T.B. Sapru Hospital, Prayagraj) has the administrative and financial control over the aforesaid Hospital – Tej Bahadur Sapru Hospital, Prayagraj and he is under direct control of the Director Medical Health.
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As per the report submitted by the Chief Medical Superintendent T.B. Sapru Hospital, Prayagraj, dated August 18, 2021, patient Ram Lal Yadav had gone missing from his bed on May 8, 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 the CCTV footage. He mentioned various efforts being made to trace the corpus.
He further stated that 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 of Prayagraj 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 report within a week.
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The Court stated that the matter requires 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 to call for personal presence of both the aforesaid Principal Secretaries and the 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 in-built provisions of regular maintenance and periodical audit. A report/plan in this regard shall also be placed before the Court by the Principal Secretary /Additional Principal Secretary, Medical Health and the Principal Secretary/Additional Chief Secretary, Home on the next date fixed,”
-the Bench ordered.
It directed the state government to ensure that the corpus is traced before August 27, the next date of hearing, and a report in this regard be placed before the high Court.
“Before the next date fixed, the respondent no 3 (Chief Medical Superintendent of T.B. Sapru Hospital, Prayagraj) shall also file a counter affidavit by means of his personal affidavit. On the next date, the respondents shall remain personally present before the Court,” the order said.