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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
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Index
In
Civil Misc.Writ Petition (Public Interest Litigation) No. ______ of 2017
(Under Article 226 of the Constitution of India)
DISTRICT : GORAKHPUR
Youth Bar Association of India (Regd.) & others ......Petitioners
Versus
State Of U.P. & others .....Respondents
Sl.
No. Particulars of Papers
Date Annexure
No.
Page No.
1. Date & Events
2. Writ Petition Under
Article 226 of the
Constitution of India.
3. A photo copy of the
registration certificate
1.
4.
A copy of the
memorandum dated
15.08.2017
15.08.2017 2.
5. Acopy of the order dated
07.09.2016 in the Writ
Petition (Crl.) No. 68 of
07.09.2016 3.
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Date : _____ August, 2017
[SAKSHAM SRIVASTAVA] [ANOOP TRIVEDI]
Advocate Advocate
Advocate Roll No. A/S 0645/2016 Advocate Roll no.A/A 0938/2012
IN-PERSON Counsels for the Petitioners.
Chamber no. 56 Chamber no. 71
Mob No. 9453026070 MobNo.9415007007
2016 passed by the
Hon’ble Apex Court
6. A copy of few paper
cuttings portraying the
picture of the incident
12.08.2017
To
15.08.2017
4.
7. Affidavit
8. Vakalatnama
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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
**************
Dates & Events
In
Civil Misc.Writ Petition (Public Interest Litigation) No. ______ of 2017
(Under Article 226 of the Constitution of India)
DISTRICT : GORAKHPUR
Youth Bar Association of India (Regd.) & others ......Petitioners
Versus
State Of U.P. & others .....Respondents
Sr.
Nos.
Dates Events
1.
the respondent no. 5 is the medical college which
was established in the year 1969 and presently it
is affiliated to the Gorakhpur University.
2. it has been reported that more than 65 children
have died in the respondent Medical College due
to scarcity of oxygen where it was very much
required.
3. 1. the reason, at the very outset, for such
catastrophe was reported to be non-payment of
the dues of around Rs. 69,00,000/- (Rupees sixty
nine lacs) by the State Government to the
Respondent no. 8 who is the contractor who
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made a contract to supply the oxygen to the
respondent Medical College.
4. 2. due to such non-payment, the Respondent no. 8
stopped the supply of oxygen to the respondent
Medical College which eventually led to this
unfortunate incident.
5.
1. on the contrary the other respondents are
completely denying the fact that the incident
happened due to the scarcity of oxygen and
categorized all such news as a hoax.
6. 2. the Respondent no. 6 the then principal of Baba
Raghav Das Medical College Dr Rajeev Mishra
resigned from his post late on Saturday night,
taking moral responsibility for the death of 30
children within a span of 48 hours in the Hospital.
7. 3. from the aforesaid series of incidents it is quite
evident that nobody is ready to take the
responsibility of the catastrophe but passing the
baton from one person to another.
8. 4. therefore it is necessary for an intense inquiry to
take place in this matter just to identify whether
this incident is sheer an accident or negligence or
it is an offspring of corruption prevailing in the
society.
9. 5. however magisterial inquiry for set up on 12th of
August, 2017 report of which was expected to
come in 24hrs but no such report is brought on
the picture.
10. 6. even the Hon’ble Chief minister of Uttar Pradesh
is affirming the inquiry in this matter, but any
prudent man would state that without the
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intervention of this Hon’ble Court the only justice
will be served is ‘unreasonable delay’.
11. 7. the justice will be served only when a proper
inquiry is set up this Hon’ble High Court by
directing the Respondent no. 9 to conduct a
proper inquiry.
12. 8. only after intervention of the C.B.I. the real
culprits can be identified and prosecuted in
accordance with law.
13. 9. the entire incident has been in the news and it has
been covered by the media and newspaper.
14. 10. the aforesaid incident which was more of a
massacre infringed the Fundamental Right, of the
Parents of the infants and the infants themselves
who died, provided under Article 14 and Article
21 of the Constitution of India.
15. 11. Hence this Petiton
Date : _____ August, 2017
[SAKSHAM SRIVASTAVA] [ANOOP TRIVEDI]
Advocate Advocate
Advocate Roll No. A/S 0645/2016 Advocate Roll no.A/A 0938/2012
IN-PERSON Counsels for the Petitioners.
Chamber no. 56 Chamber no. 71
Mob No. 9453026070 MobNo.9415007007
Bar & Bench (www.barandbench.com)
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
**************
Civil Misc.Writ Petition (Public Interest Litigation) No. _____ of 2017
(Under Article 226 of the Constitution of India)
DISTRICT : GORAKHPUR
1. Youth Bar Association of India (Regd.)
Through its National President
Sanpreet Singh Ajmani
S/0 S. Bhupendra Singh
Office Address: B3, LGF, Jangpura Extension
New Delhi-110014
2. Saksham Srivastava
S/o. Sri Akhilesh Srivastava,
R/o. 71D/1, Kamla Nagar, Stanley Road
Allahabad
3. Shikhar Awasthi
S/o. Sri R. K. Awasthi,
R/o. 236, B, Bengali Colony, Lal Banglow
Kanpur
… Petitioners
Versus
1. State of Uttar Pradesh
Through Principal Secretary Health & Family Welfare
Lucknow, Uttar Pradesh
2. The Director General
Directorate of Medical & Health Services
Government of Uttar Pradesh
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3. District Magistrate
Gorakhpur, Uttar pradesh
4. Chief Medical Officer
Gorakhpur
5. Baba Raghav Das Medical College
Through its Principal
Gorakhpur, Uttarpradesh
6. Sri Rajiv Mishra
The then Principal
Baba Raghav Das Medical College
Gorakhpur
7. Union Of India
Through Principal Secretary Health & Family Welfare
8. Pushpa Sales Company Pvt. Ltd.
Health Care Division
Office Address: 551 JHA/148
Ram Nagar, Alambagh
Lucknow-226005
9. Central Bureau of Investigation (C.B.I.)
Lucknow, Uttar Pradesh
… Respondents
To,
The Hon’ble Chief Judge and other companion Judges of this Hon’ble
High Court.
The humble petition on behalf of the above named petitioners
most respectfully showeth as under :-
1. That this is the first Writ-Petition being filed by the petitioners and no other
Writ-Petition has been filed by them in this Hon’ble Court or any other
court arising out of same or similar cause of action.
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2. That the petitioners have not received any caveat notice in the instant writ
petition/Public Interest Litigation by any of the respondents.
3. That the petitioner no. 1 is the association registered in the name of ‘Youth
Bar Association of India’. The said Association is registered under the
Society Registration Act, 1860 and having its members throughout the
Country. For the kind perusal of this Hon’ble court a photo copy of the
registration certificate is annexed herewith and marked as Annexure No. 1
to this petition.
4. That the Petitioners No.2 is duly been authorized to file the affidavit in the
instant Public Interest Litigation by the petitioner no. 1 through the
memorandum dated 15.08.2017. For the kind perusal of this Hon’ble court
a copy of the memorandum dated 15.08.2017 is annexed herewith and
marked as Annexure No. 2 to this petition.
5. The petitioner no.2 is the Secretary (Uttar Pradesh Wing) and the
Petitioner No. 3 is the President (Uttar Pradesh Wing) of the ‘Youth Bar
Association of India (Regd.) respectively and are simultaneously practicing
as lawyers at High Court of Allahabad.
6. That the aims and objects of the aforesaid Association is to organize law
debates, law seminars from time to time, to promote legal awareness
among the general public, to provide free legal aid to the poor litigants and
also to fight for the legal cause.
7. That the petitioner no 1 and petitioner no 3 had filed a Public Interest
Litigation earlier in which this Hon’ble Court was pleased to allow it and
further commanded the State to upload each and every ‘First Information
Report’ lodged in all the Police Stations within the territory of State of
Uttar Pradesh in the official website of the Uttar Pradesh Police i.e.
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“www.uppolice.gov.in” as early as possible preferably within 24 hours
from the time of lodging and further similar command was later on
extended by the Hon’ble Apex Court for all the States vide an order dated
07.09.2016 in the Writ Petition (Crl.) No. 68 of 2016. For the kind perusal
of this Hon’ble Court a copy of the order dated 07.09.2016 in the Writ
Petition (Crl.) No. 68 of 2016 passed by the Hon’ble Apex Court is
annexed herewith and marked as Annexure No. 3 to this petition.
8. That various wings of Petitioner no. 1 have filed various Public Interest
Litigation on the burning issues in the need of the hour throughout the
country thereby providing relief to the aggrieved persons.
9. That it is hereby declared that the petitioners are having no personal
interest and gain sought by this petition but on the contrary they are trying
to serve the society at large.
10. That by means of this Public Interest Litigation, the petitioners are seeking
appropriate writ order or direction, commanding the Respondents to
properly inquire in the tragedy happened in the Baba Raghav Das Medical
College Gorakhpur (Respondent no.5) where more than 65 children have
died due to scarcity of oxygen.
11. That the respondent no. 5 is the medical college which was established in
the year 1969 and presently it is affiliated to the Gorakhpur University.
12. That it has been reported that more than 65 children have died in the
respondent Medical College due to scarcity of oxygen where it was very
much required.
13. That the reason, at the very outset, for such catastrophe was reported to be
non-payment of the dues of around Rs. 69,00,000/- (Rupees sixty nine lacs)
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by the State Government to the Respondent no. 8 who is the contractor who
made a contract to supply the oxygen to the respondent Medical College.
14. That it is stated that due to such non-payment, the Respondent no. 8
stopped the supply of oxygen to the respondent Medical College which
eventually led to this unfortunate incident.
15. That such act of the contractor was also in the violation of the provisions of
the Essential Services Maintenance Act,1981 where any supply to the
hospital has been brought under the definition of “essential services” under
section 2(1)(a)(x) of the Act.
16. That, however, on the contrary the other respondents are completely
denying the fact that the incident happened due to the scarcity of oxygen
and categorized all such news as a hoax.
17. That it is pertinent to mention here that the Respondent no. 6 the then
principal of Baba Raghav Das Medical College Dr Rajeev Mishra resigned
from his post late on Saturday night, taking moral responsibility for the
death of 30 children within a span of 48 hours in the Hospital.
18. That it has been reported that the Hon’ble Chief Minister of Uttar Pradesh
has blamed the then Principal i.e Respondent no. 6 for not making timely
payment to the gas supplier even after the government had released funds
for the same on August 5, 2017.
19. That from the aforesaid series of incidents it is quite evident that nobody is
ready to take the responsibility of the catastrophe but passing the baton
from one person to another.
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20. That at this stage it cannot be said that who is at fault but veraciously the
family and parents of those infants are suffering enormously who on the
other end are demanding justice.
21. That therefore it is necessary for an intense inquiry to take place in this
matter just to identify whether this incident is sheer an accident or
negligence or it is an offspring of corruption prevailing in the society.
22. That however magisterial inquiry for set up on 12th of August, 2017 report
of which was expected to come in 24hrs but no such report is brought on
the picture.
23. That even the Hon’ble Chief minister of Uttar Pradesh is affirming the
inquiry in this matter, but any prudent man would state that without the
intervention of this Hon’ble Court the only justice will be served is
‘unreasonable delay’.
24. That it is a known fact the justice will be served only when a proper inquiry
is set up this Hon’ble High Court by directing the Respondent no. 9 to
conduct a proper inquiry.
25. That only after intervention of the C.B.I. the real culprits can be identified
and prosecuted in accordance with law.
26. That the entire incident has been in the news and it has been covered by the
media and newspaper. For the kind perusal of this Hon’ble Court a copy of
few paper cuttings portraying the picture of the incident is annexed
herewith and marked as Annexure No. 4 to this petition.
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27. That the aforesaid incident which was more of a massacre infringed the
Fundamental Right, of the Parents of the infants and the infants themselves
who died, provided under Article 14 and Article 21 of the Constitution of
India.
28. That apart from the culprits to be prosecuted, there is immense need to
improvise the system of providing necessary medical equipment and
supply in the hospitals which are aided by the State Government or by the
Central Government.
29. That various States of India such as Rajasthan and Tamil Nadu have
created a model of supply of medical services and equipments in the like
hospitals to meet out the basic need and overcome the scarcity of necessary
supplies such as Oxygen and Blood and various life saving Medicines.
30. That the Rajasthan state Government has created RMSC (Rajasthan
Medical Services Corporation Limited) to procure equipment and
medicines for Department of Medical Health and Family Welfare, Medical
Education, Ayurveda, ESI and Medical Relief Society etc.
31. That similarly State of Tamil Nadu has created TNMSC (Tamil Nadu
Medical Service Corporation) for performing the identical duties as of
RMSC.
32. That above model helps the Government to monitor and check the scarcity
and abundance of stocks available in various hospitals and thereby
balancing the amount of supply of equipments and services which
eventually minimizes the risk of shortage and scarcity of any such
necessary things.
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33. That by having such models the state government shall be able to check on
several unwanted issues prevailing in the health care sector. Some of which
are as follows:
• Lower access to institutional deliveries
• Lower coverage of immunization
• “Higher infant mortality”
• Higher prevalence of child nutrition
• Higher prevalence of infectious diseases.
34. That the above narrated incident is surely an example where a lacuna of
such model was prevailing, therefore, it is the need of hour that the State
Government should analyze the intensity of need of such model and further
it should also have a model in the State which should provide guidelines
for proper monitoring of essential medical supplies and services.
35. That the above suggestions are derived from the model of the State of
Rajasthan and Tamil Nadu which should be considered by the State
Government of Uttar Pradesh to avoid any such unfortunate incident which
happened in the respondent Medical College, Gorakhpur.
36. That, the petitioners have no other alternative efficacious remedy but to
take shelter of this Hon’ble Court to invoke it’s extraordinary jurisdiction
under Article 226 of Constitution of India, on the following amongst other
grounds. Because
GROUNDS
(i) Because it has been reported that more than 65 children have died in the
respondent medical college due to scarcity of oxygen where it was very
much required.
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(ii) Because the reason, at the very outset, for such catastrophe was reported to
be nonpayment of the dues of around Rs. 69,00,000/- (sixty nine lakhs) by
the State Government to the contractor who made a contract to supply the
oxygen to the respondent medical college.
(iii) Because due to such non-payment, the contractor stopped the supply of
oxygen to the respondent medical college which eventually led to this
unfortunate incident.
(iv) Because such act of the contractor was also in the violation of the
provisions of the Essential Services Maintenance Act,1981 where any
supply to the hospital has been brought under the definition of “essential
services” under section 2(1)(a)(x) of the Act.
(v) Because the respondents are completely denying the fact that the incident
happened due to the scarcity of oxygen and categorized all such news as a
hoax.
(vi) Because the principal of Baba Raghav Das Medical College Dr Rajeev
Mishra resigned from his post late on Saturday night, taking moral
reponsibility for the death of 30 children within a span of 48 hours in the
hospital.
(vii) Because it has been reported that the Hon’ble Chief Minister of Uttar
Pradesh has blamed Principal Dr Rajeev Mishra for not making timely
payment to the gas supplier even after the government had released funds
for the same on August 5, 2017.
(viii) Because it is quite evident that nobody is ready to take the responsibility of
the catastrophe but passing the baton from one person to another.
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(ix) Because at this stage it cannot be said that who is at fault but veraciously
the family and parents of those infants are suffering enormously who on the
other end are demanding justice.
(x) Because it is necessary for an intense inquiry to take place in this matter
just to identify whether this incident is sheer an accident or negligence or it
is an offspring of corruption prevailing in the society.
(xi) Because however magisterial inquiry for set up on 12th of August, 2017
report of which was expected to come in 24hrs but no such report is
brought on the picture.
(xii) Because even the Hon’ble Chief minister of Uttar Pradesh is affirming the
inquiry in this matter, but any prudent man would state that without the
intervention of this Hon’ble court the only justice will be served is
‘unreasonable delay’.
(xiii) Because it is a known fact the justice will serve only when a proper inquiry
is set up this Hon’ble High Court by directing the Respondent no. 3 to
conduct a proper inquiry.
(xiv) Because only after intervention of the C.B.I. the real culprits can be
identified and prosecuted in accordance with law.
(xv) Because the entire incident has been in the news and it has been covered by
the media and newspaper.
(xvi) Because aforesaid incident which was more of a massacre infringed the
Fundamental Right, of the Parents of the infants and the infants themselves
who died, provided under Article 14 and Article 21 of the Constitution of
India.
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(xvii) Because the petitioners have no other alternative efficacious remedy but to
take shelter of this Hon’ble Court to invoke it’s extraordinary jurisdiction
under Article 226 of Constitution of India, on the following amongst other
grounds.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble
Court may graciously be pleased to:-
a) To issue an appropriate writ, order or direction, commanding the
Respondents no. 9 to properly and thoroughly investigate, within a time
bound period which this Hon’ble Court may deem fit, the incident in which
more than 65 children died due to scarcity of oxygen in order to identify
the culprits responsible for the same. Further such inquiry/investigation may
very kindly be monitored by this Hon'ble Court to ensure fair and proper
investigation, in the interest of justice.
b) To issue appropriate writ, order or direction commanding the respondent
no 1 to 7 to give a detailed report of the enquiry held at their level and
further this Hon’ble court may summon the reports of the magisterial and
judicial enquiry held at the inception of this unfortunate incident.
c) To issue appropriate writ, order or direction commanding the respondents
concerned to have a model providing the guidelines to be followed in the
public health sector so as to avoid scarcity of any life saving medical
services and equipments and regulate the supply of such necessary medical
and health services.
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d) To issue appropriate writ, order or direction commanding the respondents
concerned to provide for regular and periodic monitoring of such hospitals
by a committee.
e) To issue appropriate writ, Order or direction which this Hon’ble Court may
deem fit and proper in the facts and circumstances of the case.
f) To award the cost of this petition to the petitioners.
Date : _____ August, 2017
[SAKSHAM SRIVASTAVA] [ANOOP TRIVEDI]
Advocate Advocate
Advocate Roll No. A/S 0645/2016 Advocate Roll no.A/A 0938/2012
IN-PERSON Counsels for the Petitioners.
Chamber no. 56 Chamber no. 71
Mob No. 9453026070 MobNo.9415007007
Bar & Bench (www.barandbench.com)
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
**************
Affidavit
In
Civil Misc.Writ Petition (Public Interest Litigation) No. _____ of 2017
(Under Article 226 of the Constitution of India)
DISTRICT : GORAKHPUR
Youth Bar Association of India (Regd.) & others ......Petitioners
Versus
State Of U.P. & others .....Respondents
Affidavit of Saksham Srivastava
Aged about 26 years,
S/o Sri Akhilesh Srivastava
R/o 71D/1, Kamla Nagar, Stanley Road
Post Kamla Nagar, District Allahabad
Religion Hindu
Occupation Advocate
(DEPONENT)
I, the deponent abovenamed do hereby solemnly affirm and state
on oath as under:-
1. That the deponent is the petitioner no.2 himself. He is Hindu by
religion and he is filing the copy of the Adhar Card alongwith this
affidavit and as such he is fully acquainted with the facts of the case
deposed to below.
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That the contents of para no.1 of this affidavit and those contents
of para nos.
of the accompanying writ petition are true to my personal
knowledge, contents of para nos.
of the accompanying writ petition are based on perusal of records,
contents of para nos.
of the accompanying writ petition are based on information and those
contents of para nos.
of the accompanying writ petition are based on legal advice which
all I believe to be true that no part of it is false and nothing material
has been concealed in it.
SO HELP ME GOD.
(DEPONENT)
I, Raghuraj Puri, Clerk of Sri. Anoop Trivedi advocate High
Court, Allahabad do hereby declare that the person making this affidavit
and alleging himself to be the deponent is known to me from the perusal
of papers produced by him before the abovenoted counsel in this case
and he is the same person.
( Clerk )
Solemnly affirmed before me on this day of 2017
at about a.m/p.m by the deponent who is identified by the
aforesaid clerk.
I have satisfied myself by examining the deponent that she has
understood the contents of this affidavit along with the
accompanying writ petition which have been readover and explained
to him.
Dt. (OATH COMMISSIONER )
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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
**************
Annexure No. ( )
In
Civil Misc.Writ Petition (Public Interest Litigation) No. _____ of 2017
(Under Article 226 of the Constitution of India)
DISTRICT : GORAKHPUR
Youth Bar Association of India (Regd.) & others ......Petitioners
Versus
State Of U.P. & others .....Respondents
Bar & Bench (www.barandbench.com)