The Supreme Court on Wednesday said that courts cannot presume that all deaths due to COVID-19 in the second wave of the pandemic were due to negligence as it refused to entertain a plea seeking compensation for the family of the victims by treating it as medical negligence.
A bench of Justices DY Chandrachud, Vikram Nath and Hima Kohli asked the petitioner Deepak Raj Singh to approach the competent authorities with his suggestions.
The bench said, "To assume that each death due to COVID-19 took place due to negligence is too much. The second wave had such an impact across the country that it cannot be presumed that all deaths happened due to negligence. Courts cannot have a presumption that all Covid deaths happened due to medical negligence, which your petition does."
The top court referred to a recent verdict of June 30, in which it had directed the National Disaster Management Authority to recommend within six weeks appropriate guidelines for monetary assistance on account of loss of life to the family members of persons, who died due to COVID-19.
It said, "In that verdict the court has taken a view with regard to humanity and not due to negligence. The government is yet to come out with the policy. If you have any suggestion with regard to implementation of that policy, you can approach the competent authority."
At the outset, advocate Sriram Parakat, appearing for the petitioner, said that his petition is different as it brings into account an element of negligence and compensation for the deaths which have happened due to medical negligence.
The bench noted that since the petition was filed in the month of May, a lot of developments have taken place.
"We have taken suo motu cognizance on Covid preparedness and a National Task Force has been constituted by this court which is looking into several aspects," the bench said.
The bench further told Mr Parakat that, "It was such a wave that it affected the entire country" and the court cannot make a general presumption of medical negligence.
The Supreme Court, while disposing of the petition, asked the petitioner to withdraw his plea and amend it and if any suggestions are there, then the petitioner can approach the competent authority.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Restrictive Statutory Provisions Don't Prevent Bail: Supreme Court Publish NEET-UG Results City-Wise And Centre-Wise, Supreme Court Tells NTA "GPS, 7-Layer Security": Exam Body's Defence In Supreme Court NEET Case World's Largest Isolated Tribe Makes Rare Appearance In New Footage Barack Obama Wants Joe Biden To Pull Out Of US Presidential Race: Report Relationship Timeline Of Hardik Pandya, Wife Who "Parted Ways": 5 Facts NEET PG 2024: Test Cities Out For Postgraduate Medical Entrance Exam After 53 Years, Mortar Shells From 1971 Indo-Pak War Found In Fish Pond "Humanitarian Crisis Due To Israel-Hamas Conflict Concerning": India At UN Track Latest News Live on NDTV.com and get news updates from India and around the world.