Madras High Court directs State to pay ₹1 lakh to kin of man who went missing from COVID-19 quarantine centre

The Madras High Court on Monday directed the Tamil Nadu government to pay ₹1 lakh as compensation to the family of a 72-year-old man who went missing after being taken by State healthcare staff for COVID-19 treatment in 2020. .A Bench of Justices PN Prakash and N Anand Venkatesh said that while it would be unfair to pin the blame on any one officer for the incident given how tough it was for the State to tackle COVID-19 at its peak, the Court could not let go of an incident where a man had gone missing after visiting a State-run facility.It was also noted that the State Police had initially refused to register a missing persons first information report (FIR) in the case..The Court was hearing a Habeas Corpus petition filed by the son of one Adikesavan, seeking that his father or the body of his father be produced before the Court. Adikesavan had tested positive for COVID-19 on June 9, 2020. Two days later, an official from the civic corporation visited his house and took him in an ambulance to the local Primary Health Centre (PHC). The staff there felt that Adikesavan's case was severe and home quarantine would not be adequate. He was, therefore, sent to the quarantine centre at the civic-run Kilpauk Government Medical College and Hospital. Since he did not have a mobile phone, his family could not contact him. When he didn't return home that evening, his sons went to the local hospitals and health centres. They even visited the Kilpauk hospital, but could not find him. .During the course of the hearing in the High Court, the government officials submitted that from the Kilpauk hospital, Adikesavan was shifted to the government-run Rajiv Gandhi Hospital. The State produced CCTV footage that showed Adikesavan walking out of the Rajiv Gandhi Hospital a few days later. Nobody knows where he went thereafter..The Court noted that when Adikesavan's son went to the police station to lodge a complaint, the police did not take hin seriously. The FIR was finally registered on June 23, a fortnight after Adikesavan was taken to the PHC."It is the grievance of the family of Adikesavan that had the police acted with alacrity, the police would have been in a position to trace Adikesavan. We do see sufficient force in the grievance ventilated by the family of Adikesavan," the Court said in its order.It ultimately disposed of the petition with a direction to the police to continue taking steps to trace Adikesavan. "Taking into consideration the overall fact situation, we do not want to be too harsh on the State Government and instead, on humanitarian ground, we direct the State to pay a sum of Rs.1,00,000/- [Rupees One Lakh only] as compensation to the family of Adikesavan within a period of four weeks from the date of receipt of the copy of this order," the Court ordered..Advocates A Yogeshwaran and Poongkhulali appeared for the petitioner. Advocate R Muniyapparaj represented the State..[Read order]