Delhi High Court
Nayee Soch Society (Regd.) vs Union Of India And Ors on 5 June, 2020
via Video Conferencing
#3
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 05.06.2020
W.P.(C) 3015/2020
NAYEE SOCH SOCIETY (REGD.) ......Petitioner
versus
UNION OF INDIA AND ORS ......Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. M.K. Gahlaut, Advocate
For the Respondents : Mr. Kirtiman Singh, CGSC with Mr. Rohan
Anand, Advocate for UOI
Mr. Gautam Narayan, ASC with Ms. Dacchita
Sahi, Advocate along with Dr. R.N. Das, Dr.
Surinder Miglani and Dr. Daljeet Kaur for
GNCTD.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present Public Interest Litigation (PIL) has been instituted
on behalf of the petitioner/Nayee Soch Society (Regd.), praying as
follows:
i. Issue a writ, order, direction and instruction
in the nature of mandamus in favor of the
petitioner and against the respondents
thereby directing the respondents jointly and
severally to provide the medical facilities,
services, benefits and advantages to all
citizens who are suffering from the disease
other than COVID-19.
ii. Issue a writ, direction and instruction in the
nature of mandamus in favour of the
petitioner and against the respondents
thereby directing the respondents jointly and
severally to provide the medical facilities
and treatment to the other citizens suffering
from other disease after conducting the test
of COVID-19 of that patient and to conduct
their diagnosis, medical treatment and to
provide the medicines immediately to them
without developing any pretext.
iii. Issue a writ, order direction and instruction
in the nature of mandamus in favor of the
petitioner and against the respondents
thereby directing the respondents jointly and
severally to provide the Ambulance services
to the citizens suffering from the disease
other than COVID-19 with immediate effect
so that they may avail the medical services
with immediate effect.
iv. Issue a writ, order, direction and instruction
in the nature of mandamus in favor of the
petitioner and against the respondents
thereby directing the respondents jointly and
severally to make ensure that they will not
denied the medical services and benefits and
advantages to the citizen suffering from the
disease other than COVID-19 by developing
the pretext that they are not having the
medicines, staff, resources and infrastructure
due to the busyness in the COVID-19 and if
any death occurs due to non-providing the
medical treatment then the respondents and
its officials liable to suffer civil and criminal
consequences as per law and will
compensate the citizen and family of the
deceased.
v. Issue a writ, order, direction and instruction
in the nature of mandamus in favor of the
petitioner and against the respondents
thereby directing the respondents jointly and
severally to constitute independent and
impartial body to make ensure that no
citizen will be deprived of medical treatment
and facility due to COVID-19.
vi. Issue a writ, order, direction and instruction
in the nature of mandamus in favor of the
petitioner and against the respondents
thereby directing the respondents jointly and
severally to pay the compensation to the
family of the deceased as this Hon'ble Court
deems fit, just and proper.
vii. Issue a writ, order, direction and instruction
in the nature of mandamus in favor of the
petitioner and against the respondents
thereby directing the respondents jointly and
severally to release the dead body of Jahira
Khatoon to her husband Lal Babu.
2. Insofar as, the prayer clauses (i), (ii), (iii), (iv) & (v) are
concerned, they are with regard to the continuity of essential medical
and health services during COVID-19 pandemic, which are also the
subject matter of a decision rendered by a Coordinate Bench of this
Court in W.P. (C) 2969/2020 titled as 'Yash Aggarwal & Another vs
Union of India and Others.' vide judgement and order dated
17.04.2020. The relevant portion of the said judgment is extracted
hereinbelow:-
"..........
21. After a lengthy hearing on the matter,
we are of the view that the respondents have
formulated detailed Guidelines for putting
into place an effective system of treating
non-COVID illnesses and diseases to the
best of their capacity, given the enormity of
the calamity they are faced, with. What is of
significance is that the Guiding Note to
these Guidelines clearly indicates that the
Government has declared Services for all
crucial areas such as Maternal, New Born
and child health, prevention and
management of the communicable diseases,
treatment for chronic diseases to avoid
complications and addressing emergencies,
as "Essential Services" and there is a clear
direction that all Health Services including
Ayush would remain functional, such as
hospitals, nursing homes, clinics,
telemedicine facilities as well as
dispensaries, chemists, pharmacies, medical
laboratories and Collection Centres. Various
aspects have been covered in these
Guidelines which also include various
measures with respect to illnesses like
Hypertension, Diabetes, Mental Health and
diseases such as Tuberculosis, Vector Borne
diseases, Viral Hepatitis, etc.
22. Thus, in our view, the contention of the
petitioners that non-COVID-19 patients
suffering from cancer or kidney diseases,
etc. are not being treated, is incorrect. The
Guidelines have made provisions for
treatment of these diseases and have clearly
stipulated that the Government would ensure
uninterrupted availability of dialysis and
cancer treatment services and Directives
have been issued to the District
Administration to allow easy movement of
these patients to access care. Special
mention has been made in the Guidelines for
care and medical treatment for the
elderly/disabled and palliative care patients.
It is also mentioned that services for patients
with blood disorders would also be ensured
and blood banks have been directed to
remain operational.
23. We also find that besides issuing
Guidelines and Guiding Notes for enabling
essential medical services during the
outbreak to the citizens, the Central
Government has also taken steps to ensure
their effective implementation and letters
have been addressed to the various State
Governments to take steps in that direction.
A Committee has been constituted to
oversee the implementation of the
Guidelines on ground and a special
WhatsApp number has been created to
register the grievances/complaints of any
patient or his or her family member, in case
of any difficulty in getting medical
treatment. A citizen friendly web-based tele-
consultation has also been launched, where
patients can have a safe and structured
video-based clinical consultation with the
doctor while remaining in the confines of his
or her home.
24. Likewise, we have seen the Guidelines
issued by the Delhi Government and the
steps it is taking to ensure that citizens are
given maximum possible medical treatments
in case of non-COVID illnesses/diseases.
We have already extracted above the Office
Memorandum issued by the Delhi
Government to deal with emergent cases in
fields of myocardial infarction, heart attacks
or other illnesses like cerebral vascular
accident, dialysis/ chemotherapy, etc. Delhi
Government has also issued an Office Order
directing the various nursing homes not to
refuse treatment to patients and in case of
any such refusal, action would be taken.
Delhi Government has also activated a
dedicated WhatsApp number for receiving
complaints/ requests from the citizens in
case of any difficulty in receiving medical
treatment. The WhatsApp number according
to the Office Order issued on 17.04.2020
would be uploaded on the website of the
Department of Health and Family Welfare
for wider publicity to enable the citizens to
make use of it.
25. We have also been assured by the
respective counsels appearing for the
respondents, during the hearing that steps in
aid of providing medical treatment would
continue to be taken earnestly, with respect
to the non-COVID patients, having medical
emergencies as well as those patients who
need treatments such as chemotherapy,
dialysis, etc. Medical care is also assured to
pregnant women, both during pregnancy and
at the time of delivery. We are satisfied that
requisite measures are being taken by the
respondents to the best of their capacity,
despite the enormous pressures which are
already existing on the hospital staff and
other agencies.
26. Needless to state that if any citizen has
any grievance, it can approach the
competent Authorities in the Government, to
seek appropriate redressal through the
helplines and dedicated Whatsapp numbers.
Respondents will give wide publicity to the
helpline numbers and continue to render
medical aid and assistance to the citizens.
The Committee which has already been
constituted to oversee the health issues
would continue to monitor the situation to
ensure that non-COVID patients are also
taken care of.
27. In view of the above, no further orders
are required to be passed in the present
petition, which is accordingly disposed of."
3. In view of the foregoing, Mr. M.K. Gahlaut, learned counsel
appearing on behalf of the petitioner does not press the prayer clauses
(i), (ii), (iii), (iv) & (v) of the present petition, any further.
4. Insofar as, prayer clause (vi) of the present petition is
concerned, learned counsel appearing on behalf of the petitioner does
not press the same at this stage and seeks liberty for Mr. Lal Babu, the
husband of the deceased late Ms. Jahira Khatoon, to initiate the
appropriate proceedings, if any, in accordance with law, in relation to
the alleged acts of omission and commission on the part of the official
respondents.
5. Liberty granted.
6. The prayer clause (vi) of the present petition is disposed of in
the above terms.
7. Further, insofar as prayer clause (vii) of the present petition is
concerned, the same has been rendered infructuous, pursuance to the
directions issued by this Court vide order dated 29.04.2020, which has
admittedly been complied with by the official respondent. The
relevant portion of the order dated 29.04.2020 is reproduced as under:
"......
W.P.(C) 3015/2020
Issue notice.
Counsel, as above, accept notice on behalf of
the respondents and pray for time to file short
affidavits.
Let the short counter affidavits be filed
within a period of three working days from today
with advance copies to counsel for the petitioner,
who may file rejoinders thereto, if any, before the
next date of hearing.
List on 06.05.2020.
In the meantime, the Medical
Superintendent, Dr. Ram Manohar Lohia
Hospital, as well as, the Delhi Police are directed
to release the dead body of the deceased, Ms.
Jahira Khatoon, to her husband Lai Babu, from
the Mortuary of the former hospital, during the
course of the day today.
The counsel appearing on behalf of the
petitioner may also contact Sub-Inspector
Priyanka Rana, Police Station- Desh Bandhu
Gupta Marg on her mobile telephone number
9717459540, for the said purpose.
A copy of this order be provided to learned
counsel appearing on behalf of the parties
electronically. A copy of this order be uploaded
on the website of this Court forthwith."
8. In view of the foregoing, with the above directions, the present
petition is disposed of.
SIDDHARTH MRIDUL
JUDGE
TALWANT SINGH
JUDGE
JUNE 05, 2020
dn/as
