2017 Gorakhpur Hospital Tragedy | Drops PIL Requesting Investigation: Allahabad High Court

In the case of Lokesh Kumar Khurana and others v. Union of India{(PIL) No. – 36785 of 2017 (Connected with Public Interest Litigation (PIL) Nos. 59679 of 2005, 36787, 36856, 36857, 36900, 37006, 37288, 40371, 40473 & 42475 of 2017)} and others along with connected matters, Earlier this month, the Allahabad High Court rejected a number of Public Interest Litigation (PII) Appeals calling for a judicial investigation into the 2017 deaths of 63 children at the BRD Medical College (in the Gorakhpur area). The state’s attorney stated that the matter was looked into, a report was submitted, the guilty doctors and staff were punished, and further, appropriate corrective measures were taken in all the hospitals. The bench of Chief Justice Rajesh Bindal and Justice J. J. Munir considered this statement before dismissing the PII plea.

Facts: For the uninitiated, at BRD Medical College in Gorakhpur, approximately 63 children allegedly perished in 2017 from an oxygen shortage. The Uttar Pradesh government, however, refuted the assertion that a lack of oxygen cylinders was to blame for the deaths. There was no evidence to suggest that the deaths of 63 children were caused by negligence, according to a statement made in the Lok Sabha by the Union Ministry of Health and Family Welfare in November 2018.

Judgement: It should be emphasised that following the disaster, the Uttar Pradesh government suspended paediatrician Dr. Kafeel Khan in accordance with the disciplinary actions taken against him. In November 2021, he was eventually let go from his position. Soon after 63 children at BRD Medical College allegedly perished as a result of an oxygen shortage, Khan was detained. In August 2017, supply. He was once more placed on administrative leave two years later for reportedly misbehaving with Bahraich District Hospital workers. The Allahabad High Court has, however, overturned both suspension decrees.

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