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| Deaths of infants in Ramnagar due to spurious drug | | NHRC directs CS to submit report on payment to parents of children | |  Early Times Report
Jammu, July 27: National Human Rights Commission (NHRC) has again directed the chief secretary, UT of J&K to submit proof of payment of monetary compensation of Rs 3 lakhs to NoK of each deceased infant/child within four weeks positively in spurious drug case.
A complaint in this regard was filed by Sukesh.C. Khajuria, while the Chief Secretary has been directed either to pay the money or be prepared for personal appearance before the commission.
The NHRC vide its recent direction on July 19, 2021 has directed the Chief Secretary, UT of Jammu & Kashmir to submit proof of payment of aforesaid amount of Rs. Three Lakhs to NoK of each deceased infant/child within four weeks positively failing which the Commission shall be constrained to invoke its coercive power u/s 13 of the PHR Act,1993 calling for the personal appearance of the authority concerned before the Commission.
The issue of deaths of infants was taken up by Sukesh.C.Khajuria, an eminent Social Activist of J&K with the NHRC seeking compensation for the families of the victims and fixing of the responsibility of the concerned authorities.
While taking up the matter on 7.9.2020 the Commission, after consideration of facts & circumstances of the case, found that there was a procedural lapse on the part of the Drug Department of the State of Jammu & Kashmir wherein the authority had duly failed to keep a regular vigil on the contamination and contents of medicines sold within its jurisdiction and thus held that the state is vicariously liable for said negligence.
In view of that, by exercising power u/s 18a (i) of PHR Act, 1993, the Commission directed the Chief Secretary, Govt. of Jammu & Kashmir to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs. 3, 00,000/- to the NoK of each deceased in the present case, who died due to the consumption of adulterated oral syrup/medicine and whose human rights have been infringed. The authority was further directed to also file report with regard to action taken against the delinquent officials, on account of whose negligence such incident had occur, which could otherwise be averted due to their strict vigil.
The said recommendation was confirmed vide direction dated 18.1.2021 wherein the Chief Secretary, Govt. of Jammu & Kashmir was asked to pay monetary compensation of Rs. 3,00,000/- to the NoK of each deceased in the present case, who died due to the consumption of adulterated oral syrup/medicine and whose human rights were infringed. It was further directed that the compliance report along with proof of payment be made available to the Commission within six weeks, positively.
The Commission, however, observed that proof of payment of Rs. Three Lakhs to NoK of each deceased from later authority is still awaited and asked the Chief Secretary to pay the amount within four weeks positively or be prepared for personal appearance before the commission.
The NHRC directed the UT administration that the additional/complete report as directed by the Commission in the matter be sent latest by August 26, 2021 for further consideration by the Commission.
Interestingly, while the J&K administration has been trying to delay the matter in NHRC with its’ frivolous pleas, it has approached the Hon’ble J&K High Court against the directions of the NHRC. However, a Division bench of the J&K High Court headed by Chief Justice Pankaj Mithal and Justice Sindhu Sharma had upheld the order of the NHRC & dismissed the writ petition [ Case WP(c) No.388 of 2021] of J&K govt. on 02-03-2021.
Disposing off the writ petition, the court observed 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”
The Union Territory of Jammu and Kashmir, the Financial Commissioner, Health and Medical Education Department, Civil Secretariat, Jammu and the State Drug Controller, Drugs and Food Control Organization, J&K have together filed the writ petition for quashing of the orders dated 07.09.2020 and 18.01.2021 passed by the National Human Rights Commission in complaint No. 80/9/4/2020 dated 08.06.2020 and for quashing of all proceedings in relation thereto.
In the J&K High court, H. A. Siddiqui, Sr. AAG argued that the manufacture of the cough syrup alone is responsible to compensate the next of kins of the victims and that the State cannot be held vicariously liable to pay the compensation.
Sukesh C.Khajuria said that the delay on the part of UT administration has been callously criminal. He said that the claims of the Union government as well as the UT administration of being guardian of people’s right stand negated due to the ground realities in the case. “While crores are being spent on trivial issues, the administration has been trying to scuttle the pittance being ordered by the NHRC to the families of the infant innocent victims,” he added.
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