MARGAO
The South Goa Advocates Association has filed a petition in the High Court seeking appropriate directions to set up an inquiry committee headed by a former High Court Judge 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 the Court deems fit with all necessary powers being bestowed on the inquiry committee as bestowed to any inquiry committee constituted under the Commission of Inquiry Act, 1952.
In the petition, SGAA president Antonio Clovis Da Costa said the objective of this inquiry would be primarily to identify the victims who lost their lives in various hospitals in Goa due to inadequate supply of oxygen and the adequate compensation payable to the kin of such victims.
The petition further stated that the inquiry committee may be directed by this Court also to identify the problems and reasons for the inadequate supply of oxygen including an inquiry to identify the persons responsible, if any, for the negligent behavior of the state administration which led to inadequate supply of oxygen in various hospitals in the State of Goa. The inquiry committee may be directed to place its findings in the form of a report and the place the same before this Court, the petition stated.
“Victims who lost their lives due to inadequate supply of oxygen due to negligent behavior of the state administration are liable for compensation by the State Government. Patients losing their lives only on the account of inadequate supply of oxygen due to the negligent behavior of the state administration are liable for immediate compensation by the state administration as these lives could have been saved had the state administration made adequate arrangements for oxygen supply”, the petition stated, adding that it is important that such victims are identified by holding an independent inquiry led by a former Judge of this Court and the families of such victims are adequately compensated.
The petition stated that till date the State Government has not formulated any policy to identify the victims who lost their lives due to inadequate supply of oxygen in various hospitals in Goa nor has the State Government taken any measures for compensation of such victims. Accordingly, it would be trite that this Hon’ble Court issues appropriate directions setting up of an inquiry committee led by a former Judge of this Hon’ble Court”, the petition further stated.
“No harm or prejudice will be caused to the Respondents if the present Application is allowed. However, in the event the present Application is not allowed, the victims who lost their lives due to inadequate supply of oxygen will not be identified nor any compensation be payable to the next of kin of the victims who lost their lives due to the negligent behavior of the state administration”, the petition stated.
The petition further said that the concerned government officials or person whose negligent behavior led to loss of valuable lives due to inadequate supply of oxygen have to be necessarily identified and this Hon’ble Court should direct appropriate civil and criminal proceedings against such erring government officials or persons.
