Plea in Supreme Court For an Independent Inquiry Into the Interrupted Supply of Medical Oxygen and Subsequent Death of 24 Patients In a Civic Hospital in Nasik

(Judicial Quest News Network)

A PIL has been filed in Supreme Court seeking an independent inquiry into the tragic Nasik medical Oxygen leak case, that killed at least 24 patients who were on medical Oxygen yesterday in a civic hospital in Nasik.

A Bombay based NGO Save Them India Foundation has moved Supreme Court and the petition is Filed through Advocate Vishal Tiwari.

Yesterday I. e 21-4-202, at least 24 COVID-19 patients on life support died after a leak in a medical oxygen tank disrupted the supply of the oxygen at Dr. Zakir Hussain Hospital in Nasik, Maharashtra.

State Health Minister Rajesh Tope attributed the leak to a valve malfunction, ordered a High-Level inquiry to ascertain if negligence had caused the tragedy.

Maharashtra Chief Minister Mr. Thakrey said that the tragedy showed the need to be extra careful in the struggle against the COVID-19 pandemic.

The petitioner alleged that the incident was the result of negligient action of the hospital authorities.

From curbs to blindness towards the plight of labour, from opacity in data to blaming citizens, it is 2020 all over again. History repeats itself, first as tragedy, then as farce. One year after the imposition of the world’s strictest lockdown, India is now in the grip of a second Covid-19 wave. Aided by new variants, Covid-19 is spreading rapidly as is the penchant of governments for arbitrary mini lockdowns, weekend lockdowns, full lockdowns and night curfews.

The petitioner further submitted that in a tragic incident, at least 24 patients died on Wednesday because of the interrupted supply of medical oxygen at a civic hospital for COVID-19 patients in Maharashtra’s Nashik district.

Leakage from an oxygen storage plant had interrupted the supply of the gas at the Nashik Municipal Corporation (NMC)-run Dr Zakir Hussain Hospital.

As per report out of 150 patients at the hospital, 23 were on ventilator support at the time of the incident while the remaining were on oxygen support. The issue of oxygen leak in Nashik leading to more than 22 deaths in a hospital also needs to be looked into wherein the oxygen tanker leaked outside a hospital, disrupting the supply to patients for around 30 mins.

Such incident has actually resulted huge death prima facie being 22 in the Zakir Hussain Municipal Corporation wherein all the victims were under ventilators, the oxygen.

The petitioner seeks registration of a FIR in the matter under Section 304 (Culpable Homicide not amounting to Murder) and 304 A (Causing death by negligence) of IPC and an independent probe into the incident by three-member Enquiry Commission under the Chairmanship of a retired HC judge.

It is also prayed that the establishment of a High-Powered Committee in every State, to monitor the channelized and administered distribution policy of medical facilities to COVID-19 patients.

It is a violation of fundamental rights of the Citizen of this Country Prima Facie the right to health care right to life enshrined under Article-21 of the Constitution of India.

As Covid-19 cases in India surged, so did the demand for Remdesivir and with it came indiscriminate usage, hoarding, and black marketers, causing artificial shortage to jack up prices.

Every state is getting 50,000 doses every day and all of them are being consumed, leading to the shortage and failed distribution policy imposing leading to black marketing and illegal hoarding. Oxygen cylinder necessity has also crumbled up the country wherein many states of the country have reported shortages of medical oxygen for the treatment of the covid patients,

The Government of India through its Ministry of Health and Family Welfare has been directed to float a tender for the import, however the real reason of behind such shortage has been an important reason for the shortage of medical oxygen in India.

Intervention of middlemen in the form of medical equipment suppliers has initiated the black marketing and illegal hoarding of medical oxygen which is leading to greater deficiency of oxygen in India.

The Respondents hasn’t taken any action and showed immense reluctance by not providing definite directions and hasn’t enough steps to correct this issue.

Such non action of the government ministries and its other authorities has violated the fundamental rights of the citizens primarily the right to health and right to life enshrined under Article 21 of the Constitution of India. The treatment prima facie being the issue of life and death is compromised in the present situation in our country and thus requires immediate intervention.

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