The Allahabad High Court has directed the production of Ramlal Yadav, a coronavirus patient missing from Tej Bahadur Sapru Hospital, Prayagraj, on April 25 under any circumstances, failing which the Court may consider to call for personal presence of all concerned respondents and may also consider to impose exemplary costs.
The Division Bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji passed this order while hearing a habeas corpus writ petition filed by Rahul Yadav.
In this case, Ram Lal Yadav, who was unable to walk, was admitted to Tej Bahadur Sapru Hospital, Prayagraj on 04.05.2021 as a Covid patient but no information is available with regard to him since 08.05.2021.
“It is admitted to the respondents that the corpus Ram Lal Yadav was under treatment in the aforesaid Hospital and was not discharged. Since the respondent-authorities were not producing the corpus, therefore, his son Rahul Yadav has filed the habeas corpus writ petition, which has been heard on several occasions.
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On several other occasions, the aforesaid habeas corpus writ petition was heard and time was granted to the respondents to produce the corpus but the respondents have not produced the corpus,” the Court noted.
“In perusal of the personal affidavit of Sarvashresth Tripathi, Senior Superintendent of Police, District Prayagraj filed on 27.12.2021 and the report dated 17.12.2021 forwarded to the Additional Chief Secretary (Home), Government of Uttar Pradesh, Lucknow, shows that the corpus was 82 years old and on 07.05.2021 his oxygen level fell down to 68% and was shifted from New Emergency Ward to Trauma Centre of Tej Bahadur Sapru Hospital and information to this effect was given to his son Rahul Yadav. The corpus was neither discharged nor was handed over to his son or any family members”
-the Court observed.
Till date, the respondents have not produced the corpus although about 11 months have passed, the Court said.
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Under the circumstances, the Court took a serious view of the matter and directs the respondents to produce the corpus Ram Lal Yadav on the next date fixed, failing which the Court may consider to call for personal presence of all the concerned respondents and may also consider to impose exemplary costs considering the facts and circumstances of the case.
The Court has fixed the next hearing of the petition on April 25, 2022.
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