PANAJI
Instituting an inquiry into the deaths on account of oxygen shortage across mid-May at the Goa Medical College and Hospital will lead to demoralising the frontline workers, the Goa government has told the Bombay High Court at Goa.
Replying to a demand from the South Goa Advocates Association that a judicial commission should be appointed and responsibility fixed for the lapses besides also compensation be given to the victims, the State government also told the court that the State government has already constituted a committee of officers and experts who were to submit their report in three days but are yet to even meet once because one of the members of the committee contracted Covid.
“The doctors, nurses, healthcare workers, officials and bureaucrats have worked tirelessly and with full dedication during the entire pandemic and more particularly, during the second wave. Subjecting them to a judicial enquiry would be highly unjust and would have an effect of demoralising the entire workforce. Medical personnel and bureaucrats should not be subjected to such treatment in the name of PIL,” the Advocate General told the Court.
“The State administration and the healthcare workers worked tirelessly to resolve the issue of Covid deaths. In these circumstances, it is submitted that burdening the State administration and the health care system with Judicial inquiry will be counterproductive, especially in the backdrop of a possible 3rd wave and its preparations. No purpose will be served by ordering such an enquiry,” the Advocate General said.
The South Goa Advocates Association had sought a judicial commission to probe the deaths and assign compensation.
“It is proposed that this Court may set up an inquiry commission headed by a retired judge of this Court along with a Judicial Magistrate First Class, two independent doctors, a police officer of the rank of Deputy Superintendent of Police and other necessary members along with staff having all the powers under the Commission of Inquiry Act, 1952,” Adv Nikhil Pai who represents the advocates association said in his submission.
“The Commission should not only trace the victims and the dependents but also determine the quantum of compensation to be individually paid to the dependants,” the advocates said.
“Various persons admitted in the Government Hospitals have lost their lives only due inadequate supply of oxygen. Some of these victims were the sole breadwinners of the family, some children have lost both their parents, etc. These victims need to be identified and their dependents/kin have to be adequately compensated depending upon their situation,” the association said.
The State government also told the court that underreporting of Covid- 19 deaths has not been an issue and that the state government has assessed that the reporting of birth and death in Goa, being the best in the country and more than 99% deaths or births being institutional, there is proper reporting of Covid deaths, and almost negligible scope of Covid deaths being not reported or misreported as non-Covid death.
