The Division Bench of the Meghalaya High Court, comprising Chief Justice Sanjib Banerjee and Justice Justice W. Diengdoh in the case of Flaming B. Marak vs State of Meghalaya & ors has ordered the State Government to provide uninterrupted electricity services to hospitals and like institutions, so that they can work seamlessly and unaffected by power cuts.
Facts of the case
The petition has filed public interest to address the issue of shortage in the supply of power all over the State and what the petitioner perceives to be the arbitrary load-shedding schedule.
Submission of the Petitioner
An earlier affidavit filed by the State has been dealt with by the petitioner; he submitted that no rationale has been indicated in such affidavit as to why some areas suffered longer power cuts than other areas. The petitioner points out those even essential services, such as government hospitals, are not exempted from power cuts.
Submission of the Respondent
The Counsel appearing on the behalf of the State submitted that in view of the adequate rains over the last week or so the Umiam waters have risen by as much as 10 feet, thus, allowing greater power generation. As to the uninterrupted supply of electricity to hospitals and the like, the State submits that by and large hospitals have been exempted from power cuts, provided they are connected by high tension feeder lines. The State also says that North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences has been spared of power cuts.
Reasoning and Decision of the Court
The Court perused the facts of the case and considered the submission of both parties. The Court expounded that apart from the fact that hospitals across the State and the healthcare centres need to be improved qualitatively with better equipment, more experts and greater facilities, the most elementary thing that must be ensured is the uninterrupted supply of power to such places as power is essential in running machines for patients on life support and, possibly, supply of oxygen.
The Court further observed that the State should make every endeavour to ensure that even if the need arises in future to restrict the continuous supply of power on account of any shortfall, the hospitals and like institutions are exempted or, there is backup available by way of diesel generator sets for the hospitals and like institutions to run seamlessly and unaffected by power cuts.
The Court also hoped that with the regular rains in the recent times, the situation improves. However, there must be a plan B in place, which should be both rational and equitable even if power cuts are resorted to.
The Court listed the matter on July 5, 2023 and directed the State to file status report before the matter appears next a fortnight hence.
Case Details
Case:- PIL No. 3 of 2023
Petitioner - Flaming B. Marak
Respondent - State of Meghalaya & ors
Judge: Chief Justice Sanjib Banerjee and Justice Justice W. Diengdoh
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