Two public interest litigations were filed in the Allahabad High Court on Wednesday seeking higher-level independent probes into the deaths of children in BRD hospital in Gorakhpur allegedly due to disruption of oxygen supply.
The PIL filed in the Allahabad High Court prayed for a court-monitored time-bound CBI probe into the incident, while another petition, filed in its Lucknow Bench, sought a judicial inquiry.
The petition comes even as the Yogi Adityanath-led BJP government has ordered a high-level committee probe headed by the Chief Secretary.
The probe committee will report the sequence of events, the cause of the deaths, the responsibility and accountability for the deaths and the recommendations to be made so that such deaths do not happen in future.
The petition filed before the Allahabad High Court sought directions to the CBI to “properly and thoroughly investigate” within a time-bound period the “incident in which more than 65 children died due to scarcity of oxygen,” and identify the culprits. The petitioners also prayed before the court that it monitor the investigation “to ensure fair and proper investigation.” The petition was filed by the Youth Bar Association of India along with two UP-based lawyers, Saksham Srivastava and Anoop Trivedi.
The petitioners also asked the court to issue directions to the government and the concerned departments seeking a detailed report of the inquiry held at their level.
In her petition in the Lucknow Bench, social activist Nutan Thakur raised questions on the neutrality of the inquiry ordered by Mr. Adityanath, saying its results would only be an “eyewash” as it would defend the official line taken by the government.
“…the people seem to have little faith in that Commission because the Chief Minister and various Ministers have already formulated their opinion about the matter to be enquired and have made it public in clear terms. Thus it is being felt that the Enquiry Commission will only ditto the previously stated words and would be an eyewash,” the petition said.
Demanding a judicial probe, Ms. Thakur said it was necessary to not only investigate the Gorakhpur incident but also the functioning of other state-run medical colleges in UP.
The petition filed in the Allahabad High Court further submitted that it was “necessary for an intense inquiry” to take place to “identify whether this incident is sheer accident or negligence or it is an offspring of corruption…”
The petition alleged that the contractor, Pushpa Sales, had stopped the supply of oxygen to the BRD hospital due to non-payment of dues and that this was in violation of the provisions of the Essential Services Maintenance Act.
Both PILs raised the lack of conformity in the statements issued by the various Ministers of the UP government, including the CM himself, following the incident.
Ms. Thakur alleged that the State government and its agencies were trying to defend the entire incident by “negating the facts emerging in media about deaths taking place due to oxygen failure, which gives a message that they are trying to hide facts and shield certain guilty persons.”
The PILs are expected to come up for hearing on Friday, the petitioners told The Hindu .
The Allahabad PIL has made nine respondents: the principal secretary of Health and Family Welfare department, Director General Medical Education, DM Gorakhpur, CMO Gorakhpur, the suspended BRD medical college principal, Union government, oxygen agency Pushpa Sales and the CBI.
The Lucknow Bench petition was marked to the principal secretary of Medical Education Department, DGME, BRD medical college and District Magistrate, Gorakhpur.
