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Clarify stand in a week on Covid victims’ compensation, Karnataka HC tells state govt

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CJ Oka takes serious note of tampering of medical registers in Chamarajanagar

BENGALURU:

The Karnataka High Court on Thursday gave one week’s time to the state government to clarify its stand on compensation to the families of those who lost their lives due to shortage of oxygen in Chamarajanagar.

The 31-page report on the tragedy prepared by the HC’s fact-finding committee was placed before the bench consisting of Chief Justice AS Oka and Justice Arvind Kumar.

Read Here: Chamarajanagar Covid deaths: HC panel gives clean chit to Mysuru Deputy Commissioner Rohini Sindhuri https://thebengalurulive.com/chamarajanagar-covid-deaths-hc-panel-gives-clean-chit-to-mysuru-deputy-commissioner-rohini-sindhuri/

The bench refused to comment on who should be held responsible for the lapses, which it said would be discussed later, adding that it would be the responsibility of the state government to take action against the guilty parties.

Chief Justice AS Oka and Justice Arvind Kumar

‘Hooch victims were compensated speedily’

Chief Justice Oka in his oral observation said that he was not going into the details of the report, while Justice Arvind Kumar posed the question of why the government, which had compensated within five hours the kin of the hooch tragedy victims, could not compensate the kin of those who had lost their lives due to oxygen shortage in Chamarajanagar.

CJ Oka, while dictating his order, said, “On the basis of the said report, two issues arise. First, in what manner is the state government going to compensate the families of those who lost their lives in Chamarajanagar due to the failure of agencies…The state government will have to take a stand on the issue of compensating the families of the victims…

The CJ said, “It is needless to add that the decision of the apex court in the case of Rudhal Saha Vs the State of Bihar, followed by Shrimati Lilavati Behera vs State of Orissa and various other decisions rendered subsequently, which holds that by dealing with the petition — under Article 226 of the Constitution of India – the government can grant compensation for violation of fundamental rights guaranteed under Article 21 of the Constitution. The state will have to respond on this issue…

‘Chief Secy to have custody of records’

The CJ added, “The second issue arises on the basis of the report. The state government has to take a call on this aspect. The committee found tampering of relevant records. Therefore, our order that the records should be retained in the custody of the Chief Secretary, and a Commissioner under the Enquiry Commission Act or any investigation agency look into the available records. The Chief Secretary will make available all the records to the agency.”

The CJ observed, “The fact-finding committee constituted by the Karnataka HC also noticed that examination of the LMO register maintained from April 29, 2021 and two oxygen consumption registers maintained by the Bio-Medical Engineer prima facie reveals that there has been manipulation by tampering of the registers. In the LMO register, page No. 3 and 4 are missing. In the first oxygen consumption register opened on 13.08.2021, there is no certificate regarding the number of pages and five pages are found to have been removed. In the second register, page No. 2 to 5 are missing and all of them appear to have been pasted together. Manipulation by tampering is visible, the report reads.”

Read Here: One district’s DC has no role in oxygen supply to another district: Mysuru DC Sindhuri https://thebengalurulive.com/one-districts-dc-has-no-role-in-oxygen-supply-to-another-district-mysuru-dc-sindhuri/

Also Read: Oxygen shortage’ blamed for 23 Covid deaths in Chamarajanagar https://thebengalurulive.com/oxygen-shortage-blamed-for-23-covid-deaths-in-chamarajanagar/

Also Read: Chamarajanagar tragedy: Only 3 died due to shortage of oxygen, claims Minister https://thebengalurulive.com/chamarajanagar-tragedy-only-3-died-due-to-shortage-of-oxygen-claims-minister/

Go and Vote: Issued in Public Interestbengaluru

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