Point of Law: Covid -19 – Pandemic – Proper disposal of death bodies and figures of death occurred – Government to open a Public Grievance Cell in every district of the State so that grievance of the people could be addressed locally

Order

1. We have heard Sri S.V. Raju, learned Additional Solicitor General of India assisted by Sri Abhishek Sharma, learned Standing Counsel, Sri Manish Goyal, learned Additional Advocate General assisted by Sri A.K. Goyal, learned Additional Chief Standing Counsel, both representing the State of U.P., Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Purnendu Kumar, learned Advocate, Sri Tarun Agrawal, learned counsel appearing for the State Election Commission, Sri Amrendra Nath Singh, learned Senior Counsel and President of Allahabad High Court Bar Association, Sri Anuj Singh, Sri Rajat Rajan Singh and Sri A.P. Paul, learned Advocates. Sri Amrendra Nath Tripathi, learned counsel appearing on behalf of Sun Hospital, Lucknow was also heard. All the learned Advocates appeared through video conferencing.

2. Having carefully examined the affidavit of Sri Badugu Deva Paulson, Secretary (Home), Government of U.P., Lucknow filed in compliance of our order dated 27th April, 2021, we find that neither required information as mandated by our order has been given nor, otherwise compliance has been made to our various directions contained in paragraph 19 of the order. So far issue of health bulletin to be issued by the Covid hospital both government and private through the district based portal is concerned, these portals seem to have not been updated. Similarly, the proper procurement and supply of the life savings drugs/ life support systems like BiPaP machines and High Flow Nasal Cannula Masks have not been made available to the various hospitals, though supply of availability of life saving drugs like Remdesivir and Tocilizumap has been shown to have been made. Even the statistics which has been given in the affidavit qua testing in State surprisingly discloses that a number of testing has been reduced gradually. Even the details regarding oxygen production in the State qua 22 hospitals have not been given. The availability of ambulances with advance life support system is also very less considering the number of districts in the State. No details have been given regarding food supplied to the hospitals of Level-1, Level-2 and Level-3 category. Only fact stated is that Rs.100 is allocated per patient in Level-1 category hospital. It is well known fact that the Covid patient needs highly nutritious food that should include fruits and milk in his daily diet and we fail to understand as to how with Rs.100 per capita budget the Government is managing three times meal in Level-1 category hospital with 2100 required calories. No details have been given regarding Level-2 and Level-3 hospitals. We want food details with calories count of each item in respect of the hospitals of allthe category. We further find that figures of death have not been shown date wise between 19th April, 2021 and 2nd May, 2021. If we consider the report of Nodal Officers of Gorakhpur, Lucknow, Prayagraj, Gautambudh Nagar and Kanpur the scene emerges otherwise than the picture shown with figures of deaths. We will deal with the details after considering our Nodal Officer's report on the next date.

3. Today, District Magistrate, Meerut appeared again through video conferencing in compliance of our last order and supplied the enquiry report that he got conducted by a two member Committee. We have gone through report but on not being satisfied we put certain queries that District Magistrate Meerut could not reply and requested us to immediately enquire the technical details from Dr. Gyanendra Kumar, the Principal of Medical College, Meerut who was also present through video conferencing. The principal informed the Court that prior to the date of death, 20 persons were admitted to the hospital while three of them were having Covid positive report, the others had been put to antigen test which turned out to be negative. According to him, 20 deaths cannot be attributed to the Covid infection as those were only suspected cases. We were not able t