We Have Failed To Protect Right to Life of Citizens: Delhi HC

Delhi HC expressed anguish over the death of an advocate’s relative to COVID- 19.

Delhi High Court. (File Photo: IANS)

(File Photo: IANS)

While hearing a suo motu plea on the COVID-19 crisis in Delhi, the Delhi High Court expressed anguish over the demise of a relative of an advocate who was appearing before the court.

“We’ve been informed during the hearing that the Counsel’s relative has passed away. We only want to say that the state has failed in fulfilling its fundamental obligations of protecting the fundamental rights.”

Delhi High Court 

Due to the Death, The Petition Has Become Infructuous

The said remarks have come in an urgent plea moved by Advocate Amit Sharma, seeking court’s assistance for his relative who was in “dire need of an ICU bed”.

On 30 April, during the course of the hearing, the court asked Mr Sharma whether help was still required in securing an ICU bed. While replying to this query, Sharma broke into tears and said:

“The help isn’t needed anymore. He just passed away. I have failed.”

Advocate Amit Sharma 

The Bench of Justice Vipin Sanghi and Justice Rekha Palli immediately replied, “No, we have failed”.

The court went on to say that the state machinery failed its obligation to protect the fundamental right to life of citizens. The order of the court reads as:

“During the course of the hearing, Mr Amit Sharma, who has filed the said petition has informed us that the patient, Mr Atul Kumar Sharma has died... We can only say that the state has failed in fulfilling its obligations of protecting the basic Fundamental Right i.e. Right to Life acknowledged in the Article 21 of the Constitution of India.”

Delhi High Court

As the person for whom help was sought succumbed to the deadly virus, the court disposed the petition as “infructuous”.