Booked on charges of allegedly issuing a false alarm for oxygen shortage, a private hospital in Lucknow has been granted interim protection from coercive action by the Allahabad High Court, which also sought a report from the district magistrate.
The hospital submitted in court that in the wake of the FIR lodged against it, its management was being subjected to harassment and it was not able to treat COVID-19 patients admitted there.
The court said that until it decided the matter on the question of a show-cause notice issued to the hospital by the administration, the hospital’s reply and the action against it, “no coercive measures” should be taken against the hospital and its staff under the FIR.
A Division Bench of Justices Siddhartha Varma and Ajit Kumar directed the District Magistrate, Lucknow to file an affidavit in response to an intervention application filed by Sun Hospital. The hospital said that though it had responded to a show-cause notice of the authorities before 5 p.m. on May 5, it did not receive any acknowledgement. The lawyer for the hospital, Amrendra Nath Tripathi, submitted that on May 1 and 2, there was no supply of oxygen cylinders to the hospital by the district administration and “totally false statements” had been given about the supply of oxygen to the hospital by the District Magistrate.
Instead of considering the reply and verifying the facts, the District Magistrate Lucknow rushed to lodge the FIR against the hospital, the lawyer said, adding that he was ready to show the inventory and stock register of the hospital regarding supply of oxygen.
Notice on social media
An FIR was lodged against the hospital after it had put up a notice on social media saying it had shortage of oxygen. The hospital was booked on charges of creating “an atmosphere of fear” after the administration claimed it had sufficient stock of cylinders and was allegedly trying to hoard oxygen through pressure.
The Lucknow administration has said it carried out an inspection but found that the hospital had sufficient supply of oxygen. In his police complaint, Suresh Pandey, Superintendent of CHC Chinhat, said it was found that the hospital had eight jumbo oxygen cylinders, two B-type filled cylinders and oxygen concentrators. Twenty-five COVID-19 patients were admitted to the hospital, 20 of whom were on oxygen support, said Mr. Pandey.
