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| DB upholds NHRC order granting monetary compensation to NOK of deceased | | Deaths of infants in Ramnagar due to spurious drugs | | EARLY TIMES REPORT
JAMMU, Apr 5: In a landmark judgment a DB of J&K High Court comprising of its Chief Justice, Justice Pankaj Mithal and Justice Sindhu Sharma while dismissing the writ petition filed by UT of J&K & others has upheld the validity of an orders passed by NHRC granting monetary compensation of Rs 3 lakh to the NOK of each deceased, who died due to the consumption of adulterated oral syrup/medicine and whose human rights have been infringed.
Disposing off the writ petition, a division bench of the J&K High Court headed by Chief Justice Pankaj Mithal and Justice Sindhu Sharma contended that “In the overall facts and circumstances of the case, we do not deem it proper to exercise our extra ordinary discretionary jurisdiction so as to interfere with the orders impugned passed by the Commission”.
Sukesh Khajuria, a social activist of Jammu had filed a petition/complaint in the NHRC seeking action against erring drug control officials and compensation to aggrieved families who have lost their children. The complainant has alleged about the deaths of a dozen infants / children due to consumption of a particular spurious cough syrup in Ramnagar Tehsil of Udhampur District of J&K during the month of Dec.2019.
The reports regarding the aforesaid incident had appeared in the media and Sukesh made a complaint in this regard dated 08.06.2020 before the National Human Rights Commission with the prayer that the incident had occurred due to the negligence of the officials of the Drug and Food Control Department, therefore, appropriate action be taken against its officers and the families of the victims be provided with adequate compensation.
It is on the aforesaid complaint that the Commission directed for issuance of notice. A report was submitted on 01.07.2020 by the Under Secretary, Department of Health and Medical Education, Government of Jammu and Kashmir stating that the department had carried out investigation in the alleged incident of infant mortality and 33 samples of the left-over/partially consumed alleged cough syrup were collected.
The test reports of the Chief Scientist, CSIR IIIM dated 22.02.2020 indicates presence of Parabens, Heavy Metal and Diethylene Glycol and their presence may be the cause of the death.
Accordingly FIR No. 33 of 2020 has been lodged under the Drugs and Cosmetics Act against the manufacturers of the alleged cough syrup.
On consideration of the aforesaid report, the Commission vide order dated 07.09.2020 found procedural lapses on the part of the Drugs Department and that it failed to keep a regular vigil on the contamination and contents of the medicines sold within its jurisdiction. The state is vicariously liable for said negligence. The commission considers this case to be a fit case for award of compensation. Thus it issued notices to the Chief Secretary, Government of J&K to show cause why compensation of Rs.3, 00,000 each may not be awarded to the next of kins of the deceased child.
The aforesaid order on consideration of the reply furnished by the Chief Secretary was followed by the order dated 18.01.2021. The Commission was not satisfied by the reply submitted to the show-cause notice. It recorded that there is no denial of the lapse on part of the Drugs Department of the State. |
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