STATE OF GUJARAT Vs. KALPIT YOGESHBHAI SHAH

JUDGEMENT

(1.) The incident which took place in Shrey Hospital on the fateful morning of 6th of August 2020, was one which shook our conscience. The fire which took place in the COVID hospital almost instantaneously killing those in the Intensive Care Unit of the hospital and injuring many more, requires serious investigation. It was in order to ascertain the truth behind such incident that the Commission of Inquiry was appointed by the State Government under the Commission of Inquiry Act, 1952. When an incident, as shocking as this takes place, it is in the interest of the public at large, that the truth is ascertained as early as possible. Timely ascertainment of the truth is a part of the process of delivery of justice and is an important component for granting closure to the family members of the victims. Any delay in this regard and prolonging the entire process would only exacerbate their suffering, all the more when the Supreme Court is regularly monitoring the inquiry as also the role of the State Government in Suo Motu Writ Petition (Civil) No.07 of 2020.

(2.) The importance of truth for imparting justice cannot be undermined, for it is the truth alone, which forms the bedrock or the foundation of justice. However, equally important is the path to seeking the truth and as the guardians of justice, it is our solemn duty to ensure that this path is unhindered. It is also our responsibility to safeguard this path and those tread upon it.

(3.) The Indian ethos accords the highest importance to truth and this is reflected from our National Emblem which is inscribed with the phrase "Satyamev Jayate". These words echo the sentiments of our society and form the very foundation of our way of life. In order to ensure that truth triumphs, it is the Judiciary that needs to play an active role, protecting those who seek the truth and ensuring that the truth-seeking path is well-lit and those who seek the truth can bravely push forward without any force to pulling them back. That truth is the soul of justice and is the only guiding star in the entire judicial process, is a fact ingrained in our souls.