SANJAY AMBASTHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard

(2.) Learned counsel for the petitioner would submit that the mother of the petitioner when admitted was tested Covid-19 positive and though she recovered from covid but eventually died on 02.10.2020. Before the date of death, the RTPCR test was carried out of patient for covid and it was found that she was negative; thereby recovered from covid but died subsequently. It is stated though the mother of the petitioner died because of covid complication yet after her death the dead body was handed over without following the guidelines issued by the Government of India, Ministry of Health & Family Welfare (Annexure P-6). He would submit that as per the guidelines, the Hospital was required to give the body in a double layer leak proof zipped body bag and to be handed over to the transport employee. Whereas, in respect of case of mother of petitioner, it was handed over to the petitioner instead and the petitioner carried the body to Ambikapur and cremated the body there only. Consequently, the guidelines which was issued under the Pandemic Act were not followed. The counsel further submits that the applications complaining the incidents were made to the respective Director, Health Services wherein allegations were made but it was not taken care of. Therefore, this petition to proceeding against the hospitals for penal actions.

(3.) Learned State counsel opposes the argument advanced by the counsel for the petitioner.