Chaini Parwani –
Published On: October 05, 2021 at 10:20 IST
The Supreme Court told a Petitioner seeking an investigation into a shortage of Oxygen supply during the second wave that it is very easier to condemn the Government or Courts unless you are in the same position.
It further added that some of the most advanced nations of the world were struggling in containing the Covid-19 pandemic.
A Bench comprising Justices D Y Chandrachud and B V Nagarathna while dismissing the PIL filed by one Naresh Kumar stated, “Allegations with regard to criminal wrongdoing cannot be assumed nor can be levelled lightly without adequate material. In the circumstances for the reasons indicated, we are not inclined to entertain the PIL. Petition is accordingly dismissed”.
Advocate Tripathi representing the Petitioners stated that it is not any other Plea but a genuine PIL as the Petitioner himself was a victim to the non-availability of Oxygen during the second wave and similar was the destiny of many other patients.
The Bench also stated that it’s also very easy to blame the people, who are in power or the Doctors of Government Hospitals, who are often assaulted when a patient dies.
“Often it is the case that when a patient dies in hospital, then it is due to some kind of negligence on part of hospital staff or the doctors and they are assaulted. But actually it is not the case, as sometimes a patient may die despite best efforts put by the doctors,” the Bench said.
Kumar, in his plea has claimed that due to non-supply of medical oxygen during the second wave of the pandemic several Covid patients have lost their lives in various parts of the country.
Further adding Kumar stated “This court through its various judgements has logically extended the interpretation of the right to life to include the right to health. Therefore, it is the fundamental duty of the State to care for the health of the public at large”.
Also Read: SC: Centre to submit ATR on Preventing Oxygen Crisis
CRIMINAL NEGLIGENCE AND LIABILITIES