Count the dead with due diligence, HC tells Bihar

PATNA Upset over the apparent inconsistency in figures of death in Buxar provided in affidavits filed by the Patna division commissioner and Bihar’s chief secretary, the Patna High Court and sought figures of the entire district to be furnished since March 1 and said this would apply to all the 38 districts of the state

PATNA

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Upset over the apparent inconsistency in figures of death in Buxar provided in affidavits filed by the Patna division commissioner and Bihar’s chief secretary, the Patna High Court and sought figures of the entire district to be furnished since March 1 and said this would apply to all the 38 districts of the state.

Hearing a public interest litigation (PIL) on Covid management in the state, the bench of Chief Justice Sanjay Karol and Justice Sanjay Kumar had earlier termed as “disturbing” the issue of corpses found floating in the Ganga river and sought a detailed reply the advocate general (AG), who submitted the commissioner’s affidavit on Monday.

“We are ‘aghast’ at the manner in which the affidavits are being filed. The bench deserves better treatment from the government. We don’t appreciate this. All affidavits must be to be vetted by a lawyer. The department directly cannot file affidavits in these types of matters. They have to be vetted by your (Advocate General) office. At this point in time, we do not comment anything further on these affidavits, but all facts first must be verified from all sources and then only placed before us, else it will amount to filing of false/incomplete affidavit.,” the bench observed.

“The CS does not say that six deaths are only due to Covid. The commissioner also does not say that 789 deaths are non-Covid ones. The total population of Buxar is 17 lakh, but the figures are only for Nagar Parishad. There is no mention of the religion or age groups of the dead. Hindus may be a majority in Buxar, but that does not mean there is none from other religions. Last rites may also have been performed at burial grounds,” the bench said.

Advocate general Lali Kishore said certain clarifications were required and he would inform the court after getting all the details.

“Information furnished needs to be collated in a format which can be done by a technically qualified person. We direct the State to depute with the learned Advocate General at least two technically qualified persons having proficiency in computers for updating the data in the format,” the bench said.

It said that in the digital era, the websites were also not updated to get the correct figures of death. “The commissioner’s affidavit says only 81 bodies were found in the Ganga, 71 on May 10, six on May 11 and four on May 12 and the last rites were performed as per procedure after DNA sampling. On the other hand, there are six deaths reported and 789 cremations at just one ghat. We will also like to know the age group, no matter if it is related to Covid or not. If the young people are dying, it is serious,” it said.

“We notice that the official website maintained by the State of Bihar for recording births and deaths has not yet been updated. We see no reason as to why the deaths, be it 6 or 789, would not have been updated on the official website. Equally, this would apply to all the districts of Bihar,” the bench observed.

Oxygen supply

The bench also wanted to know if the state had been provided with enough tankers for transportation of 400 metric tonnes of liquid medical oxygen (LMO) it had demanded. Additional Solicitor General (ASG) K N Singh said the Centre had allocated the demanded quantity and the issue of transportation had been resolved.

“Let an affidavit of the principal secretary, health, verifying such fact, be filed within next two days. He shall also inform the sufficiency or lack thereof, of the infrastructure for transporting the entire allocated quota of oxygen (LMO). He shall apprise the Court of the infrastructure for storage and transportation up to the point of end user,” the bench said.

Heat in High Court

The fuse

The bench was upset that while chief secretary’s affidavit said only six deaths had taken place in Buxar since March 1, 2021, there were 789 cremations mentioned in the commissioner’s affidavit at just one cremation ghat, Muktidham Charitarban, Buxar, between May 5 and May 14.

Under lens

‘We notice that the official website of the State of Bihar for recording births and deaths has not yet been updated. We see no reason as to why the deaths, be it 6 or 789, would not have been updated on the official website. Equally, this would apply to all the districts of Bihar.