State has failed: Sombre note in HC

NEW DELHI: : “The State has failed us,” the Delhi high court observed on Friday, after it was informed in the middle of a hearing that a petitioner, who sought the court’s help three days ago to secure an intensive care unit (ICU) bed, had succumbed to Covid-19.

“The State has failed in its fundamental obligation to protect the basic fundamental right -- i.e, the right to life as contained under Article 21,” a bench of justices Vipin Sanghi and Rekha Palli told the teary relatives of the petitioner.

The petitioner, Atul Kumar Sharma, was admitted in Maharaja Agrasen Hospital’s casualty wing, and approached the high court on Tuesday to direct the state authorities to allocate him an ICU bed. The hospital told the court it was taking care of the patient but had no ICU beds free.

The high court had said it couldn’t consider an individual case but appealed to all hospitals and authorities to make arrangements. On Friday, when the bench was again appealing to counsels to consider the petitioner’s case, advocate Amit Sharma told the court that his brother-in-law Atul had expired. He burst into tears and said, “I have failed…”

The bench stopped him. “No Mr Sharma, you have not failed. The State has failed.” Silence descended among the judges, counsels and over 150 participants who had joined the video conferencing hearing.

The exchange capped an eventful day in court where senior lawyers broke down and pleaded for help, the state government counsel expressed helplessness, and judges said it was getting tough for them.

“It is the complete failure of the State that everything including hospital beds and medical oxygen is in short supply. It is a war and not a battle,” the court remarked earlier in the day after Bar Council of Delhi (BCD) chairman Ramesh Gupta, broke down while mourning his colleagues who died of Covid-19.

Gupta, who was appearing in a petition seeking medical facilities for lawyers, submitted that a private hospital agreed to treat the lawyers but didn’t have ICU beds.

“We want my lords to come to our rescue. We do not want to criticise anyone or any government. We have ₹4-5 crore in our funds and will arrange more from lawyers. We only want my lords to help us. Sir kuch karo aap (Sir please do something).”