KALPIT YOGESHBHAI SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India, in which, the petitioners have prayed for following reliefs,

(2.) Heard learned Senior Counsel, Mr. Percy Kavina assisted by learned advocate, Mr. Meet Raval appearing for the petitioners and learned Government Pleader, Ms. Manisha Lavkumar Shah assisted by learned AGP Mr. Ronak Raval for the respondents.

(3.) Learned Senior Counsel, Mr. Percy Kavina has referred to the averments made in the petition and submitted that on 06.08.2020 at about 2:48 a.m., fire broke in ICU in Shrey Hospital, Ahmedabad causing death of eight innocent patients and, hence, FIR was registered on 10.08.2020 with Navrangpura Police Station for the offence punishable under Sections 304(A) and 308 of the Indian Penal Code, 1860. He submitted that because of the said incident, the State of Gujarat appointed a Commission of Inquiry of Justice K.A. Puj (Retired) dated 11.08.2020. He referred to the terms of reference of commission of inquiry, which read as under,