The obligation of the State to provide adequate medical services to the people, as established in Pt. Parmanand Katara v. Union of India and Paschim Banga Khet Mazdoor Samity v. State of West Bengal, and the interpretation of legal provisions governing compensation for Covid-19 victims under the Disaster Management Act, 2005.

JUDGMENT

Dr. S. Muralidhar, CJ. - The background to the present petition has been set out in some detail in an order dated 7th July 2021 of this Court which reads as under:

" 1. This matter is taken up by video conferencing mode.

2. A letter sent by e-mail to this Court on 23rd May, 2021 by the Petitioner who is a resident of Kendbahal in Bargarh District, Orissa highlighting, inter alia, the health crisis and Covid-19 mismanagement in western Orissa was registered as the present petition. In particular, the letter drew attention to the lack of proper medical facilities at the Veer SurendraSai Institute of Medical Sciences and Research (VIMSAR), Burla, Sambalpur. It was alleged, inter alia, that the medical professionals and authorities in charge of VIMSAR's management had behaved irresponsibly and displayed insensitivity to the plight of the Covid-19 victims.

3. The Registrar (Judicial) of this Court, on the directions of this Court, served a copy of the letter and its enclosures on the Office of the Advocate General asking for the comments of the Government of Odisha. In response thereto, on 25th May 2021 the Additional Chief Secretary, Health and family Welfare Department, Government of Odisha, sent a letter to the Collector & District Magistrate, Sambalpur, asking him to "make a discreet inquiry into the matter and furnish a report" to the Department by 28th May, 2021.

4. By an order dated 26thMay, 2021, the Collector & District Magistrate, Sambalpur constituted a three-member Committee comprising the CDM & PHO, Sambalpur, the Commissioner Sambalpur Municipal Corporation (SMC) and the ADM, Revenue, Sambalpur to hold an inquiry and submit a report.

5. The aforesaid three-member Committee submitted a report on 26th May, 2021 itself where it was broadly stated that there was no shortage of medicine and no lack of proper treatment or facilities. By an order dated 2nd June, 2021, this Court directed that a copy of the said report be furnished to the Petitioner to enable him to make submissions on the next date.

6. Thereafter on 8th June, 2021 the following order was passed by this Court:

"1. This matter is taken up by video conferencing mode.

2. In response to the inquiry report submitted by the three Senior Medical Professionals, Mr. Chouhan who appears in person states that he has filed a reply disputing their findings.

3. While a direction is issued to the Registry to place the said reply on record, it is important for the Petitioner, if he seeks to dispute the correctness of the inquiry report, to place on record the affidavits of at least five persons who have themselves or whose close relatives or friends have been victims of either medical negligence or lack of timely medical treatment during the relevant period of the second resurgence of the COVID-19 pandemic.

4. Mr. Chouhan states that he will try and file the affidavits before the next date and seeks some time.

5. At his request, list on 7thJuly, 2021."

6. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No. 4587 dated 25th March, 2020 as modified by Court's Notice No. 4798 dated 15th April, 2021."

7. Pursuant to the above directions, Mr. Gyanadutta Chouhan, the Petitioner in person, has filed nine affidavits of persons whose close relatives purportedly suffered on account of lack of proper or timely treatment at the Veer Surendra Sai Institute of Medical Sciences and Research (VIMSAR), Burla, Sambalpur duringthe Covid-19 pandemic.

8. The copies of the affidavits be made available to Mr. M.S. Sahoo, learned Additional Government Advocate and a second set be prepared for the Court's record.

9. At this stage, the Court would like to observe that each of the nine affidavits reveal prima facie that the victims did not receive the requ