If there is single death due to lack of oxygen, officers responsible will be personally liable: Bombay High Court Aurangabad Bench

The Aurangabad Bench of Bombay High Court warned the Food and Drugs Department and the nodal officers responsible for distribution of oxygen in the State that if there is a failure on their end to cope oxygen requirements in districts under their jurisdiction, then they would be personally liable..The observations came after the Bench perused an affidavit filed by the Secretary of Medical Education and Drugs Department and four nodal officers which stated that "the need for oxygen my have marginally fallen in view of the decline in the number of patients in this part of the State".The affidavit therefore prayed that since the supply fluctuated on day to day basis depending upon the need of oxygen, there may not be a fixed requirement of 218 MT of oxygen per day for the Aurangabad Division as was ordered by the Court earlier. .A Bench of Justices RV Ghuge and BU Debadwar agreed to the same but made it clear that officers will be held responsible in case oxygen shortage arises in future or any death is caused due to such shortage. ."If there is an uproar or a hue and cry that there is a shortage of oxygen in this part of the State and in the event of patients being turned away by hospitals / doctors due to lack of oxygen supply or in the unfortunate event of death of patients due to such reason, we would hold the Secretary of Medical Education and Drugs Department and 4 nodal officers, personally responsible for such unfortunate incidents as we are slightly modifying our earlier order in view of the statement made by these officers," the Court said. .Advocate Rahul Chitnis appearing for the officers of the State made two fold submission on Thursday:It would be risky to direct a buffer stock to be maintained for Aurangabad division as the supply of oxygen from Centre could be proportionately reduced. There has been no station in the State of Maharashtra where patients have died on account of lack of oxygen.A statement was made that there would never be a situation wherein any patient would die only due to shortage of oxygen..The Court appreciated the State's efforts in achieving a position to make this claim. "We have no doubts that the State of Maharashtra is dealing with the Covid situation at all levels right upto the talukas, to ensure that the mortality rate is controlled and reduced," the Court stated. It, therefore, accepted the State's contention to modify the earlier order. "We would, therefore, accept the contention of Shri. Chitnis, which is made, on instructions from Shri. Vijay and the 04 Nodal Officers mentioned in paragraph no. 5-B of X-10, and may refrain from insisting on a supply of 218 MT oxygen per day to the Aurangabad division," the Court directed.The Bench, however, expressed its apprehension that in future, if a situation arises wherein the demand for oxygen exceeds the supply, then patients could lose lives..Advocate Satyajeet Bora, the amicus curiae informed the Court that patients from various districts and even from outside of Maharashtra came to Aurangabad for treatment. The Court expressed their concern on two issues:That people residing outside of Aurangabad division should not be turned back only because they hail from other districts;Due to the aggressive spread of the virus in the lungs during the second wave, there is more demand of oxygen..The Court clarified that the Bench did not want to issue directions which would result in snatching of the supply of oxygen and Remdesivir from any other district not under the jurisdiction of Aurangabad Bench.The Court further made it clear that their order to maintain a supply of 218 MT of oxygen was passed with an intention to overcome the shortfall of oxygen and avoid a situation like in Goa, where a large number of patients suffered mortality only because of the lack of oxygen supply..Article 21 is completely violated if people die due to lack of Oxygen: Bombay High Court Goa Bench .The Court reminded the respondent authorities that they were not only looking after COVID patients but also non-COVID patients who may also require oxygen and the non-COVID patients could not be overlooked due to COVID patients. "We do not want a situation like 'rob Peter to pay Paul' , meaning that oxygen supply to non-covid patients is disrupted so as to supply oxygen to covid patients. This would be counter productive," the Court said. [Read Order]