O2 deaths at Jaipur Golden Hospital: Court upset over 'casual' report on plea against hosp

New Delhi: Pulling up the Delhi Police for a "casual" status report on a plea seeking an FIR against Jaipur Golden Hospital for oxygen deaths during the second wave, a local court has said the police do not disclose the steps being taken by them as per previous orders. The court has now granted one final opportunity to police for a reply in the matter.

At an earlier hearing that took place on June 25, Metropolitan Magistrate Vivek Beniwal had issued notice in the matter and directed the police to file a response by July 13. The matter has now been posted to August 3.

However, during the course of proceedings on Tuesday, the court took on record the report filed by police and expressed concern over the casual manner in which it has been filed without even disclosing the steps taken by it with regard to the grievance in the petition.

The court stated that on June 25, it had directed the SHO to file an Action Taken Report (ATR) in the matter. "The status report has been filed in a very casual manner. The IO has not displayed what steps he has taken after he was ordered to file a Status Report in the matter…," MM Beniwal noted.

Further observing that since the present case was "highly sensitive', the area DCP himself should file a status report in the matter. "This is the last opportunity granted to the police department to file the Status Report," the court ordered.

MM Beniwal further stated that if the same is not complied by police then appropriate actions will be taken against them as per law.

In its status report, seeking more time from court for filing a reply, police has stated that enquiry into the case could not be concluded. "...Sunita Gupta & Ors have the complaint against Jaipur Golden Hospital...stating therein that the alleged persons committed the cheating, fraud, criminal conspiracy and gross medical negligence and also caused threats as such are liable to prosecuted for the offence punishable under various sections of Indian Penal Code," the report stated.

"It is therefore requested to Hon'ble court that some more time may be given to file the status report," the report further reads.

The plea, which has been moved on behalf of six family members of the deceased patients, through advocates Sahil Ahuja and Siddhant Sethi, has sought cognisance of offences related to murder, criminal intimidation, death by negligence, cheating, criminal conspiracy and disappearance of evidence against the management of the hospital and has asked them to be summoned and be put to trial for these offences.

The plea further states that the hospital has committed an act of culpable homicide by keeping everyone in the dark and not providing proper oxygen support, which led to the deaths of patients, even as the hospital "minted money" and "raised invoices".

The plea also alleges that the police with a "malafide intention" did not arrest or set up an inquiry against the management of the hospital. It reasoned that they should have been informed by the hospital authorities about the lack of oxygen for patients so that they could have arranged it from somewhere and this in turn amounted to "gross/rash negligence".