Delhi High Court
Mr. Brijpal Singh vs Govt Of Nct Delhi & Ors. on 7 May, 2021
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:07.05.2021
19:00:29
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 7th May, 2021
+ W.P.(C) 5211/2021 & CM APPL.15997/2021
MR. BRIJPAL SINGH ..... Petitioner
Through: Mr. Kamlesh Kumar, Advocate.
versus
GOVT OF NCT DELHI & ORS. ..... Respondents
Through: Mr. Gautam Narayan, ASC, GNCTD
with Ms. Dacchit Shahi and Ms.
Ritika Vohra, Advocates for R-1 & 3.
Mr. Tushar Sannu, Standing Counsel
for IHBAS with Ms. Ankita
Bhadouriya and Mr. Subham Jain,
Advocates with Dr. Nimesh G. Desai
and Dr. Suman from IHBAS in
person.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through video conferencing.
2. The present petition has been filed through the son of the Petitioner,
who is a 83-year old senior citizen, in the hospital run by the Respondent
no.2. i.e., Institute of Human Behaviour and Allied Sciences (hereinafter,
"IHBAS"), on 29th April 2021 due to an emergency medical condition
suggesting a neurological ailment.
3. The case of the Petitioner is that he suffered a brain stroke on 29th
April, 2021 and was admitted to IHBAS. He thereafter was detected with
fever and upon conducting an RT-PCR test, he turned out to be positive for
COVID-19
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:07.05.2021
19:00:29
4. The grievance of the Petitioner in the present petition is that IHBAS,
not being a designated COVID-19 hospital, has asked the Petitioner's
attendant to shift the Petitioner into a COVID-19 hospital.
5. Two legal notices are stated to have been sent to the hospital. The
prayer in this petition is to direct the Respondent- hospital to treat the patient
there itself, and not discharge him, as it would jeopardize his life and
chances of survival.
6. Yesterday the matter was listed before this Court and ld. Counsels
appearing for the Respondents were asked to take instructions.
7. Today, during the first call of the matter, ld. Counsel for IHBAS was
directed to seek instructions on the total data of the number of patients
currently admitted in the hospital, and the different departments that they are
admitted in. The ld. Counsel was also directed to obtain instructions on the
lay out of the hospital, and the availability of beds, as the court was
informed that out of a capacity of 236 beds, only 30-40% of the beds are
currently being utilised.
8. All ld. counsels for the parties have reverted with instructions. Mr.
Gautam Narayan, ld. ASC appearing for the GNCTD, submits that a bed can
be made available to the Petitioner, in Lok Narayan Jai Prakash Hospital
(hereinafter "LNJP"), which is also a COVID hospital and also has the
facilities even to take care of the Neurological/Cardiac issues of the
Petitioner.
9. Mr. Tushar Sannu, ld. Counsel appearing for IHBAS submits that the
hospital is not treating this case in an adversarial manner, and the patient is
currently stable with 5 MTs oxygen. He has been kept in a transit COVID
facility, where three COVID patients are currently admitted.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:07.05.2021
19:00:29
10. The Petitioner had tested COVID positive on 30th April, 2021 and the
report was received on 1st May, 2021. He had developed symptoms of
COVID-19, around two to three days prior to 30th April, 2021.
11. It is submitted by a team of doctors from IHBAS, including Dr. Desai
and Dr. Suman, that the patient has neurological as also cardiac issues, and
hence it would be advisable for the patient to move to a general hospital like
LNJP rather than a specialised hospital like IHBAS.
12. Ld. counsel for the Petitioner, as also Mr. Mahesh Rathi, i.e., the son
of the Petitioner, have both expressed a deep sense of apprehension in
shifting the patient from IHBAS to LNJP Hospital, on the ground that the
main problem which the Petitioner is facing is a neurological issue, which
can be taken care of at IHBAS in a proper manner. Further, the apprehension
of the ld. Counsel for the Petitioner, is also that the patient is not
comfortable in being moved to a general hospital, and he is satisfied with the
treatment he is receiving at IHBAS. It is further submitted that the COVID
symptoms having occurred around 28th-29th April 2021, the crucial period
has already passed and the Petitioner is stable. Thus, he may not require any
complex treatment for COVID.
13. The Court has heard all ld. Counsels for the parties, as also the son of
the Petitioner.
14. The GNCTD has assured the availability of a bed for the Petitioner in
LNJP Hospital, with transport facility through an ambulance from IHBAS to
LNJP. However, ld. Counsel for the Petitioner, as also the son of the
Petitioner, have expressed their discomfort to the Court stating that the
Petitioner is an 83 year old person, who is also facing various medical
issues. They, therefore, do not wish to move the Petitioner from IHBAS.
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:07.05.2021
19:00:29
The risks associated with the doctors and arrangements at IHBAS, it being a
non- COVID facility, have also been appraised of to the ld. counsel and son
of the Petitioner. However, despite the choice being available to move to
LNJP Hospital, both the counsel and the son of the Petitioner have opted to
let the Petitioner remain in IHBAS.
15. In view of the above, considering the fact that medical acceptability
for the Petitioner to move to LNJP hospital is not there, it is directed that the
Petitioner- patient, would continue to remain at IHBAS.
16. This Court is confident that the IHBAS would endeavour to give the
best care and treatment possible to the Petitioner under the present
circumstances. It is made clear, that IHBAS would not be held liable in any
manner, inasmuch as the Petitioner and his family are conscious of the fact
that the doctors at IHBAS may not have the same specialization required for
a COVID patient - it not being a COVID-19 designated hospital and also
due to the fact that it is on the Petitioner's insistence that he is not being
moved to a COVID facility. The apprehension of IHBAS is completely
assuaged, in view of the observations recorded above.
17. In addition, during the course of this hearing, it has been revealed that
IHBAS has a total capacity of over 200 beds, and at this point of time,
approximately only about 50 beds are occupied. IHBAS is stated to have
already moved a proposal to the GNCTD, to make available about 60 to 80
beds, and convert the same into a COVID facility, vide letter dated 6th May
2021. The said letter states as under:
"20. In view of the detailed justification above, it is
requested that the GNCT of Delhi may be requested
to consider and accord permission for establishing a
60 or 80 bed Covid care Section facility at IHBAS."
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:07.05.2021
19:00:29
18. Considering the acute shortage and severe demand for beds pertaining
to COVID-19 patients and COVID-19 related facilities in the city of Delhi,
the Principal Secretary, Ministry of Health, GNCTD, shall process the
proposal from IHBAS, which has been sent. Copy of the proposal be also
handed over to the ld. Counsel for the GNCTD.
19. If any additional measures are required to be taken for making the 60
to 80 beds at IHBAS as a specialised/ designated COVID facility, the same
shall be done by the GNCTD in coordination with the hospital authorities.
Further, an endeavour shall be made to immediately operationalize the said
COVID facility at IHBAS, as per the applicable protocols and norms.
20. On this issue of the creation of a COVID-19 facility at IHBAS, ld.
Counsels to report to the Court on the next date.
21. List on 13th May, 2021.
PRATHIBA M. SINGH
JUDGE
MAY 7, 2021/dk/Ak
