Kerala High Court
Kerala Private Hospitals ... vs Adv.Sabu P. Joseph on 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Wednesday, the 6th day of October 2021 / 14th Aswina, 1943
RP NO. 379 OF 2021 (S) IN WP(C) 10659/2021
REVIEW PETITIONER/RESPONDENT NO.5:
KERALA PRIVATE HOSPITALS ASSOCIATION HAVING ITS
REGISTERED OFFICE AT KPHA HEAD QUARTERS,ASHIR BHAVAN ROAD,
KACHERIPPADY,ERNAKULAM,KOCHI-682018, REPRESENTED BY ITS PRESIDENT,
HUSSAIN KOYA THANGAL.
RESPONDENTS/PETITIONER AND RESPONDENTS 1 TO 4 & RESPONDENTS 6 TO 12 IN
WP(C)No.10659/2021:
1. ADV.SABU P. JOSEPH ,AGED 46 YEARS S/O.T.A.JOSEPH,
VICE-CHAIRMAN,LEGAL CELL,HUMAN RIGHTS FORUM,REG.NO.186/IV/19,
REGISTERED OFFICE AT B NO:XX-638,CLASSIC TOWER,
A M ROAD, PERUMBAVOOR-683542.
2. THE STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
3. DIRECTOR GENERAL OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION, THIRUVANANTHAPURAM-695035.
4. INDIAN COUNCIL OF MEDICAL RESEARCH (ICMR), V.RAMALINGASWAMI BHAVAN,
P O BOX NO.4911, ANSARI NAGAR, NEW DELHI-110029,
REPRESENTED BY ITS SECRETARY AND DIRECTOR GENERAL.
5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
HEALTH AND FAMILY WELFARE, NIRMAN BHAVAN, NEW DELHI-110 011.
6. STATE HEALTH AGENCY , REPRESENTED BY EXECUTIVE DIRECTOR,
ARTECH MEENAKSHI PLAZA, 5TH AND 8TH FLOOR, OPP.GOVT.WOMAN AND
CHILD HOSPITAL, THYCAUD, THIRUVANANTHAPURAM-695 014.
7. NATIONAL HEALTH MISSION REPRESENTED BY THE EXECUTIVE DIRECTOR,
NRHM BUILDING, GENERAL HOSPITAL, DIRECORATE OF HEALTH SERVICE,
JAI VIHAR, KANNAKUZHY, THIRUVANANTHAPURAM-695 035.
8. KERALA MEDICAL SERVICES CORPORATION LTD.,
REPRESENTED BY EXECUTIVE DIRECTOR, C.V.RAMAN PILLAI ROAD,
WOMAN AND CHILDREN HOSPITAL, THYCAUD, THIRUVANANTHAPURAM-695 014.
9. THE INDIAN MEDICAL ASSOCIATION(IMA), KERALA REPRESENTED BY PRESIDENT,
HEADQUARTERS, ANAYARA.P.O, THIRUVANANTHAPURAM-695 029.
10. QUALIFIED PRIVATE MEDICAL PRACTITIONERS ASSOCIATION,
REPRESENTED BY ITS PRESIDENT,FLOOR-V-E/F, VALLAMATTAM ESTATE,
RAVIPURAM, M.G.ROAD, KOCHI-682 015.
11. CATHOLIC HEALTH ASSOCIATION OF INDIA,
REPRESENTED BY THE EXECUTIVE DIRECTOR, PASTORAL ORIENTATION CENTRE,
CIVIL LINE ROAD, PALARIVATTOM, KOCHI-682 028.
12. MUSLIM EDUCATIONAL SOCIETY ,BANK ROAD, CALICUT-673 011,
REPRESENTED BY ITS PRESIDENT DR.P.A.FAZAL GAFOOR.
ADDL. R13 IMPLEADED
13. THE STATE POLICE CHIEF, KERALA.
ADDL R13 is suo motu IMPLEADED AS PER ORDER DATED 09.09.2021 IN WP(C)
Review petition praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to allow the above the
Review Petition, review the judgment dated 10/05/2021 in WP(C)No.10659/2021,
and to pass such other order or further orders as this Honourable Court may
deem fit and proper in the circumstances of the case.
This petition again coming on for orders upon perusing the petition and
this Court's judgment dated 10/05/2021 in WP(C)10659/2021 & order dated
22/09/2021 in RP.379/2021 and upon hearing the arguments of SRI.SYAM DIVAN
(SENIOR ADVOCATE) along with SRI.K. ANAND, Advocates for the petitioner,
ADVOCATE GENERAL & GOVERNMENT PLEADER for R2 & R3, SRI.P. VIJAYAKUMAR,
ASSISTANT SOLICITOR GENERAL OF INDIA for R4 & R5, DR.S. GOPAKUMARAN NAIR
(SENIOR ADVOCATE) along with SRI.SURAJ T.ELENJIKKAL, Advocate for R9,
M/S.M.GOPIKRISHNAN NAMBIAR, K.JOHN MATHAI, JOSON MANAVALAN, KURYAN THOMAS,
PAULOSE C. ABRAHAM & RAJA KANNAN, Advocates for R10, Advocate SRI.M. AJAY,
SRI.S. KANNAN,SENIOR GOVERNMENT PLEADER FOR ADDL.R13 and of SRI. SRI.N.
NANDAKUMAR (SENIOR ADVOCATE) along with SRI.JAI MOHAN, Advocate, the court
passed the following:
P.T.O.
DEVAN RAMACHANDRAN & DR.KAUSER EDAPPAGATH, JJ.
===============================================
R.P.No.379 of 2021
in
W.P.(C)No.10659 of 2021
==============================================
Dated this the 6th day of October, 2021
ORDER
Devan Ramachandran, J
The learned Government Pleader - Sri.S.Kannan, informs us
that the persons who assaulted the temporary nursing assistant
on 20.09.2021 has been apprehended.
2. The report of the Deputy Superintendent of Police,
Kayamkulam, has been placed on record and we have gone
through the same.
3. We are certainly pleased that swift action has been
taken by the police in this regard and we also commend them for
a thorough search and apprehension of the accused, since going
by the report, leads that pointed to them were minimal. This
certainly shows the investigative capacity of the Police with the
aid of technology and such other means.
4. That said, even though this was an isolated incident,
chances of such occurring in the future cannot be fully
discounted.
5. It is here that our suggestions with respect to the
steps to be taken by the police assume relevance, particularly
when our Covid warriors, especially, the ladies - travel alone and
R.P.No.379 of 2021
unaccompanied at odd hours on account of their call of duty.
6. Since Sri.K.Anand, learned counsel for the Private
Hospital Association, submits that the intervention of this Court
has now bettered the situation and that attacks on doctors and
nursing staff have not been reported thereafter, we deem it
appropriate to keep this matter pending for some more time to
supervise and oversee the situation.
7. As regards the Government Order dated 16.08.2021,
prescribing the rates for post Covid treatment and such other is
concerned, we deem it appropriate not to speak on it today since
we are of the view that some further deliberations in this regard
will be required at the Bar.
8. However, prima facie, we cannot immediately
approve the stand of the Government that persons above the
poverty line can be charged for post COVID complications upto a
period of one month from the date on which they turn negative
for more reasons than one. For the first, as per the present
guidelines, even when a death occurs within the afore time
frame, it is treated as a COVID death. For the second, we do not
have to remind the Government that not everyone above the
'proverty line' is rich or can afford room rent of Rs.750/- and
R.P.No.379 of 2021
above per day.
We, therefore, adjourn this matter to be called on
27.10.2021, directing the Government to bestow their attention
to these aspects and particularly in the background of the severe
disruption caused by the pandemic for the last more than one
and a half years, which has certainly derailed the lives of most of
the people, both economic and otherwise.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
Sd/-
DR.KAUSER EDAPPAGATH,
JUDGE
rp
06-10-2021 /True Copy/ Assistant Registrar
