PANAJI
The Bombay High Court at Goa has disposed of the nearly dozen petitions filed concerning covid management in the state while asking the government to ensure that “some lessons will have to be learned” and that “there is no scope for any complacency.”
The High Court, however, declined to institute a judicial inquiry into the oxygen deaths pointing out that the petitioners have failed to furnish particulars of the deaths that have taken place.
Admitting that it was “quite reluctantly forced to interfere” into what was inherently the job of the executive, the High Court has now delegated most of the pending issues to be decided by the expert committee that has been constituted by the state while at the same time keeping the principal petition filed by the South Goa Advocates Association should any of the petitioners wish to urge for further reliefs.
“From the material placed on record before us, we found that in May 2021, there were serious issues relating to the supply of oxygen at the Goa Medical College. There was no clarity as to whether there was a deficiency in the oxygen reserves or whether there were logistical difficulties in the matter of actual supply of oxygen to the patients. Therefore, we were constrained to make orders and issue directions in this regard,” the High Court bench of Justices M S Sonak and M S Jawalkar, said.
The statistics in the public domain placed by the authorities themselves indicate that out of the total number of 3013 (as of 24/6/2021) Covid-19-related deaths in the State so far, almost 1481 deaths took place in May 2021. Besides, the statistics reveal that almost 740 deaths took place at the Goa Medical College itself.
“According to us, some lessons will have to be learned from the unfortunate events of May 2021, so that the numerous causalities that arose, especially at GMC, may not have been in vain. Now that the tide of Covid-19 cases has ebbed, there is no scope for any complacency. Rather, this period must be utilized to make preparations to meet the projected consequences of a possible third wave of the pandemic. We are quite sure that the Expert Committee will guide the state authorities, which will have to take necessary steps to stay prepared,” the High Court noted.
The High Court also declined to order the setting up of a judicial commission into the oxygen deaths.
“According to us, it will not be appropriate to consider the issue of setting up a Judicial Commission to inquire into the deaths at the GMC in May 2021 or the issue of payment of compensation in these petitions. This is because there are no proper pleadings in any of the petitions on this issue. By merely filing some miscellaneous application, which is also quite vague, the petitioners cannot seek such a relief,” the High Court said.
“There are no particulars as to whether any of the victims have authorized any of the petitioners to raise such a claim. In the state of such pleadings, we refrain from going into the issue of either appointment of a judicial commission, or the issue of payment of compensation,” the High Court ruled.
