PRAMOD KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Regard being had to the similitude in the controversy involved in the present case, with the consent of the parties, writ petitions are analogously heard and decided by this common order. Facts of Writ Petition No.3876/2017 are narrated hereunder. The shocking news was published in the local daily newspaper having wide circulation in Indore as well as in nearby areas that on the night of 21/22/6.2017, 17 persons died on account of disruption in the supply of oxygen in various wards of Maharaja Yashwantrao Hospital (M.Y. Hospital), Indore. It has also been presumed by the reporter that several deaths a reoccurring in M.Y. Hospital on regular basis due to mismanagement, inadequate medical facilities, shortage of staff, lack of maintenance in the oxygen supply system etc. The aforesaid news has shocked the people of the city and the said news has led to filing these two writ petitions in the nature of Public Interest Litigation (PIL). The petitioners have added more vague allegations in the petitions like corruption, negligence in the medical system being run by the State Government. The petitioners by way of these petitions are seeking criminal as well as disciplinary action against the persons responsible for the death of innocent persons along with a heavy amount of compensation to family members of the victims. By way of interim relief, the petitioners have sought investigation / inquiry by an independent agency headed by a retired High Court Judge.

(2.) How the news was published, it appears that due to the lack of supply of oxygen, all of sudden 17 patients died due to suffocation. It was only speculation in the corridor of M.Y. Hospital that the reason behind these 17 untimely deaths, was the disruption in oxygen supply as per the news reporter. The then Commissioner, Indore as well as Superintendent of M.Y. Hospital have denied the aforesaid reasons behind these deaths. Since the news was so shocking, the Member of Parliament and other political leaders shown their concern and thought for an inquiry.

(3.) The Management of M.Y. Hospital has conducted an internal inquiry and concluded that the condition of all 17 patients was critical and they died because of the illness, not due to lack of oxygen. There was no such disruption in oxygen supply in the entire M.Y. Hospital. The Medical Officer of M.Y. Hospital has filed a reply stating in both the writ petitions that M.Y.Hospital is the biggest and super specialty Government Hospital in the State of Madhya Pradesh with the facility of 1309 functional beds. In the hospital, most of the persons are being referred from the District Hospitals and Primary Health Centre of nearby areas in critical conditions. Most of the patients are from middle-income groups and lower-income groups who cannot afford expensive treatment in a private hospital. The death of 10 to 15 persons per day is an average death ratio in the M.Y. hospital not because of lack of treatment or basic facilities.