State has failed to protect fundamental rights of citizens, as a relative of Advocate passes away: Delhi HC

During the Court of hearing, when the Division Bench of  Hon’ble Justice Vipin Sanghi and Hon’ble Justice Rekha Palli were informed that a relative of a lawyer appearing before the Court had passed away, the Bench remarked that the State had failed in fulfilling its fundamental obligations of protecting fundamental rights.

The lawyer had filed a writ seeking an ICU bed for his relative and had sought Court’s help.

When the matter was taken up yesterday, the Bench asked if he (the lawyer) still needed help. At this point, the lawyer broke down and informed the Court that the help is not needed anymore as the relative had passed.

The lawyer added that he had failed; however, Hon’ble Justice Sanghi replied that the State had failed.

In its order, the Bench stated that they were informed of the passing of the lawyer’s relative and went on to add that the State has failed in fulfilling its obligation to protect fundamental rights.

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Accordingly, the Bench disposed of the matter as infructuous.

This order was passed when the Bench was hearing several petitions related to the current Covid-19 situation and scarcity of oxygen supply in Delhi.

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