Kerala High Court
Kerala Private Hospitals ... vs Adv.Sabu P. Joseph on 9 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 9th day of June 2023 / 19th Jyaishta, 1945
RP NO. 379 OF 2021(S) IN WP(C) 10659/2021(S)
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-695001.
3.DIRECTOR GENERAL OF HEALTH SERVICES,
DIRECTORATE OF HEALTH SERVICES,
GENERAL HOSPITAL JUNCTION,THIRUVANANTHAPURAM-695035.
4.INDIAN COUNCIL OF MEDICAL RESEARCH ,
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-110011.
P.T.O
6.STATE HEALTH AGENCY, REPRESENTED BY EXECUTIVE DIRECTOR,
ARTECH MEENAKSHI PLAZA,5TH AND 8TH FLOOR,OPP.GOVT.WOMAN
AND CHILD HOSPITAL,THYCAUD,THIRUVANANTHAPURAM-695014.
7.NATIONAL HEALTH MISSION REPRESENTED BY THE EXECUTIVE
DIRECTOR, NRHM BUILDING,GENERAL HOSPITAL,DIRECTORATE
OF HEALTH SERVICE, JAI VIHAR,KANNUKUZHY,
THIRUVANANTHAPURAM-695035.
8.KERALA MEDICAL SERVICES CORPORATION LTD.
REPRESENTED BY EXECUTIVE DIRECTOR,C.V.RAMAN PILLAI ROAD,
WOMAN AND CHILDREN HOSPITAL,THYCAUD,
THIRUVANANTHAPURAM-695014.
9.THE INDIAN MEDICAL ASSOCIATION(IMA),KERALA
REPRESENTED BY PRESIDENT,HEADQUARTERS,ANAYARA.P.O,
THIRUVANANTHAPURAM-695029.
10.QUALIFIED PRIVATE MEDICAL PRACTITIONERS ASSOCIATION,
REPRESENTED BY ITS PRESIDENT,FLOOR-V-E/F,
VALLAMATTAM ESTATE, RAVIPURAM,M.G.ROAD,KOCHI-682015.
11.CATHOLIC HEALTH ASSOCIATION OF INDIA,
REPRESENTED BY THE EXECUTIVE DIRECTOR,PASTORAL
ORIENTATION CENTRE, CIVIL LINE ROAD,PALARIVATTOM,
KOCHI-682028.
12.MUSLIM EDUCATIONAL SOCIETY ,BANK ROAD,CALICUT-673011,
REPRESENTED BY ITS PRESIDENT DR.P.A.FAZAL GAFOOR.
*ADDL. R13 IMPLEADED
13.THE STATE POLICE CHIEF, KERALA
*ADDL R13 SUO MOTU IMPLEADED AS PER ORDER DATED 09.09.2021
IN RP 379/21 IN WPC 10659/21.
P.T.O.
ADDL. R14 IMPLEADED
14.DR.ARAVIND C.S., S/O.SREEDHARAN, AGED 50 YEARS,
RESIDING AT THIRUVANANTHAPURAM, GENERAL SECRETARY,
KERALA GOVERNMENT MEDICAL COLLEGE TEACHERS ASSOCIATION,
THIRUVANANTHAPURAM-695 011.
ADDL. R14 IS IMPLEADED AS PER ORDER DATED 19/01/2023 IN
IA.1/2023 IN RP 379/21 IN WPC 10659/21.
ADDL.R15 IMPLEADED
15. KERALA UNIVERSITY OF HEALTH SCIENCES
REPRESENTED BY REGISTRAR DR MANOJ KUMAR,
AGED 58 YEARS, S/O KUNJAN PILLAI,
MEDICAL COLLEGE P.O, THRISSUR, KERALA 680 596.
ADDL. R15 IS IMPLEADED AS PER ORDER DATED 10/05/2023 IN
IA 9/2023 IN RP 379/21 IN WPC 10659/21
ADDL.R16 IMPLEADED
16. KERALA GOVERNMENT MEDICAL OFFICER'S ASSOCIATION
REG. NO. 63/1966, KGMOA HEAD QUARTERS,
RED CROSS ROAD, THIRUVANANTHAPURAM- 695 035,
REPRESENTED BY ITS GENERAL SECRETARY,
DR. SUNIL P.K., AGED 48 YEARS, S/O KUMARAN P.K.,
SANDRANANDAM, KESARI ROAD, NORTH PARAVUR,
ERNAKULAM- 683 513.
ADDL.R16 IS IMPLEADED AS PER ORDER DATED 23/05/2023
IN IA 14/2023 IN RP 379/2021 IN WP(C) 10659/2021
P.T.O.
ADDL. R17 IMPLEADED
17. KERALA JUDICIAL OFFICERS' ASSOCIATION
DISTRICT COURT ANNEX, KALOOR, ERNAKULAM- 682 017,
REPRESENTED BY ITS SECRETARY, RAKESH M. G.,
AGED 34 YEARS, S/O. DR.P.MADHUSOODANAN PILLAI,
MADAVILAKATHU VEEDU, ALAPPURAM ROAD,
THIRUVANANTHAPURAM, PIN - 695 006.
ADDL.R17 IS IMPLEADED AS PER ORDER DATED 23/05/2023
IN IA 12/2023 IN RP 379/2021 IN WP(C) 10659/2021.
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, this Court's judgment dated 10/05/2021 in WP(C)10659/2021 &
order dated 25/05/2023 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,
DEPUTY 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, JAI MOHAN & RAJA KANNAN, Advocates for
R10, SRI.S. KANNAN, SENIOR GOVERNMENT PLEADER for Addl.R13 and
of SRI.P.SREEKUMAR, ADVOCATE for Addl.R14 & STANDING COUNSEL for
Addl.R15, SRI.J.G.SYAMNATH, Advocate for Addl.R16 and of M/S.
K.N.ABHILASH, SUNIL NAIR PALAKKAT, RITHIK S.ANAND, ANU PAUL &
SREELAKSHMI MENON P., Advocates for Addl.R17, the court passed the
following:
P.T.O.
DEVAN RAMACHANDRAN, J.
&
Dr.KAUSER EDAPPAGATH, JJ.
-------------------------------------
R.P.No.379 of 2021 in WP(C) No. 10659 of 2021
--------------------------------------
Dated this the 09th day of June, 2023
ORDER
Devan Ramachandran, J.
Read order dated 25.05.2023.
2. Sri.S.Kannan - learned Government Pleader, submitted
that the Additional Chief Secretary (Home) has heard all the
stakeholders, including those, who had appeared before him on
01.06.2023; and that the protocol for production of persons in
custody of the Police before learned Magistrates and Health Care
Professionals is being finalised. He sought a months' time for this
purpose.
3. As regards the deployment of SISF to Government and
Private Hospitals, Sri.S.Kannan submitted that details of the same
are also being modulated and that its terms and conditions will be
made available to this Court without delay.
4. Dr.Rajeev Joshi, appearing in person on behalf of Medico-
Legal Society of India, submitted that a proposal for deployment of
SISF in Private Hospitals on a shared basis has already been placed
R.P.No.379 of 2021 in WP(C) No. 10659 of 2021
before the Government of Kerala. He requested that this be
directed to be considered.
5. We do not propose to issue any affirmative orders today
because, the protocols as aforementioned are within the discretion
of the Government to a large extent, though they will have to
advert to the observations and findings of this Court already made
or to be made in future.
As matters now stand, since the Government is in the
process of considering all the aspects, we deem it appropriate to
adjourn this matter to a date after two weeks, to await the
progress.
List on 23.06.2023.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
Sd/- Dr.KAUSER EDAPPAGATH,
JUDGE
lsn
09-06-2023 /True Copy/ Assistant Registrar
