In their rejoinder in an affidavit filed before a division bench comprising Justices Y.K. Sabharwal and C.K. Mahajan, the kin of the victims have said that it is matter of public knowledge and information that AIIMS receives and attends to patients in the Out Patient Department (OPD) and then if need be the patients are admitted or kept in the OPD ward for future treatment.

Dr Dave in his affidavit has submitted that as AIIMS is a referral hospital, no ambulance service are available and therefore the question of their being ill equipped hardly arises. The Association for Victims of Uphaar Tragedy (AVUT) have contended that it is a matter of apathy that AIIMS has only three ambulance to meet such disasters in the city, which projects the sad state of affairs of the premier medical institute of the country.

Dr Dave denied allegations that the victims jewellery was removed in front of the paramedics. He also said that the allegation of indifference and the uncooperative attitude of the paramedics is specifically denied. He said that AIIMS had its own arrangement for security. The medical officers in casualty are senior resident doctors who have completed their post graduate training in their respective disciplines. Their work is supervised by senior members of the faculty who are available round the clock on call. AVUT in their rejoinder have said that they were basing their contention on the finding of the inquiry report of Naresh Kumar, deputy commissioner (South) which finds a mention of the harassment and uncooperative attitude of the members of the medical institute present on the date of the incident.

Dr Dave also denied that there was a shortage of oxygen cylinders. He said that the AIIMS casualty has central oxygen supply and suction system available round-the-clock and in addition to this portable cylinders are also kept in the casualty. In case of excessive requirements of oxygen the manifold room which works 24 hours has a stock of cylinders available for use.

He also said that female nursing students were made stand in front of the female dead bodies so that the dignity of the dead was maintained. The kin of the Uphaar victims submitted that out of their own ``personal experience'' they knew that AIIMS was unable to provide the basic medical facilities to the victims. ``There was no provision of oxygen or other basic medical resuscitation facilities available, where the victims were admitted,'' the petitioners submitted.